Study On Commercial Bribery In The Field Of Medicine And Legal Regulation

Business bribery is a common social phenomenon and it is the negative product of the development of commodity economy. With the emergence of business bribery, all countries have adopted measures to ban. Around the world, the governments in power in the relevant legislation are sufficient attention on commercial bribery. Business bribery behavior refers to the manager obtains the exchange opportunity or competitive advantage through paying properties or providing other benefits during the course of market trade. In commercial transactions to provide"fee","kickbacks"to obtain transaction, China's real economic exchanges have become commonplace, which reaches its peak performance in the medical sector. In the medical profession, business bribe has become"regulations"and enterprises of the unspoken rules .Practitioners are tied into a"non-moral"vicious competition environment. Business bribery in pharmaceutical fields comes to be increasingly serious and the resulting market corruption will become a bottleneck in China's economic development. Take it lightly operation will endanger the health of the market economy. Commercial bribery has become essential management.This paper attempts from the concept of commercial bribery, the characteristics and its components, which define commercial bribery. By analyzing commercial bribery feature in pharmaceutical fields reveals its significant characteristics. In order for the purpose of maintaining fair competition in the market, this paper analyzes the causes and the hazards of commercial bribery in pharmaceutical fields and learns from the advanced experience of foreign countries and China's national conditions . The paper analyzes the long-term effective mechanism for the management of commercial bribery in pharmaceutical fields through legal perfection and construction of the system.The article comprises altogether four parts. This part focuses on the analysis of the constituent elements and forms of commercial bribery. The main form of commercial bribery is kickbacks,"access charges", attach and so on.The second part focuses on commercial bribery in the field of medical research and related issues .This part is divided into two sections. This part firstly explains the features the medicine bribery features. This part secondly analyzes the nature of medicine kickbacks from the legal point. Although commercial bribery in the field of medicine is a form of commercial bribery, it differs from other illegal competitive behaviors are: universality, diversity, initiative solicits highlights. Business bribery in the field of health and medicine which are kickbacks problem is particularly acute for drugs. The kickback in medical service hated by the masses has become a major social problem. As the fee of medical rising continually because of the kickback of the medical, the financial burden of the patients raises also. This paper focuses on the field of medicine rebate with legal thinking. The paper deeply analyzes this issue by the following three aspects: the definition of the kickbacks in the medicine, the typical characteristics of kickbacks in the medicine, medicine kickbacks in violation of the basic principles of Anti-Unfair Competition Law.The third part analyzes the causes and hazards of commercial bribery in the field of medicine. Commercial bribery in pharmaceutical fields occurred frequently and impacted broadly in some areas. It ruins the party style, the political style, social atmosphere and it is not conducive to building a harmonious society of socialism. It has seriously harmed the country's political, economic, cultural and social fields. It can be summed up in five main areas: drug industry overproduction, the main responsibility of the government public health positions and relevant policies imbalance, administrative failures, distribution system, non-standard medical services market.The forth part analyzes the legal guard and the prevention system of business bribery in pharmaceutical fields. Business bribery in pharmaceutical fields has for ages. It has a variety of forms. It not only has material conditions, psychological conditions, but also has institutional conditions with the emergence of business bribe in medicine fields. To harness it, we must take all kinds of measures, such as improving legislation, ideological morals construction, system building, structural reform, managerial supervision, establishing and perfecting enduring effect system. So this part analyzes mainly from legal perfection and construction of the system. The legal system and regulation in pharmaceutical fields are not perfected about the commercial bribe practice. It is not real investigated and dealt with the commercial bribe in business operation circulation. It is, therefore, the business bribe becomes the usual potential practice in some business trade in the market economy. This bribe would make harmful to the normal operation of national market economy which makes great loss of our stat-owned assets and spoils the consumer's right and benefit. In order to prevent, to cure the business bribe, to safeguard the fair competition, to protect the environment of the market and the capital investment, legal perfection is the key point to control it from the essential source. This part analyzes legal perfection mainly from the following three aspects: improving legal protection in the field of medicine, perfect anti-bribery laws, strengthen the legislation explained, tougher punishment to medical personnel for accepting bribes. Commercial bribery laws needed to improve in the field of medicine. But focus only on the law revision does not fundamentally solve the problem of commercial bribery in the field of medicine. Due to the prevailing commercial bribery in the field of medicine is comprehensive and complicated. It is necessary to focus on the overall situation and improve the comprehensive management of the relevant legal system and regulatory system. Only in this way we can solve the problem. Construction of the system include the following four aspects: to strengthen the building of professional ethics, to reform of the pharmaceutical distribution systems, to establish the information-sharing and reporting system of commercial bribery, to establish the public administration and the information systems.