Research In The Problem Of Commercial Bribe Crime In The Purchase-And-Sell Of Medicine

In the 50s and 60s of the twentieth century, as one of the basic courses in our politics-and-law universities, criminal policy even replaced the Science of Criminal Law. However, the criminal policy, today, becomes not only the focus of the area of criminal law, but also the relative research achievements have been absorbed by the judicial departments. "The principle that criminal justice policy with characteristics of generous and severity" is a policy which acts as guidance in the administration of justice during implementing laws. Criminal policy in 50s and 60s of the twentieth century was, indeed, mainly a political strategy which is directed by the concept of class-struggle. As well, the science of criminal policy was also the interpretation of political struggle of the Party. But today's criminal policy refers to research in the sense of modern criminal science; and the so-called study of criminal policy means research of criminal policy in the sense of modern criminal science. There are lots of differences between them. What is the meaning of criminal policy without conscious of class-struggle? What brings to our study of criminal science? This article indicates the meaning of criminal policy through the commercial bribe governance in the field of purchase-and-sell, help our criminal science be separated from the difficulties of governing criminal science, exploring an area of criminal science with methods of sociology, anthropology, etc.The author mainly introduces the origins, harms and manifestation of commercial bribe crime in the purchase-and-sell of medicine. Through describing this issue from the perspective of sociology, this article provides factual basis of punishing commercial bribe crime in our purchase-and-sell of medicine, also it explores the drawbacks in this problem. The author also considers that just developing the method of the usual standardized criminal law is not enough to completely solve the problem of commercial bribe crime in the purchase-and-sell of medicine. The reason is that merely making up the articles of commercial bribe in our current criminal law shall not be conformed to the origin and manifestation of the commercial bribe crime in the purchase-and-sell of medicine. We, therefore, have to seek to new methods to resolve this problem.This article introduces the experiences of USA, Japan and Germany in the area of governing the commercial bribe crime, and obtains the conclusion that their successful experiences in the governance of commercial bribe is based on diverse methods and ways, not just depending on the methods in criminal law/Regarding of the issues raised in Chapter two and the common features in Chapter three, we found that just using criminal method to prohibit and control crimes is insufficient. This view is also coordinated with the theory of modern criminal policy. In Chapter four, the author accepts both of the classical and modern criminal policy theory. Moreover, the differentiations were withdrawn based on this conclusion. The author believes that the research of contemporary criminal law in the trend of modernization must introduce modern methods and ways of the study of criminal policy. In order to resolve the problem of governance of commercial bribe crime in the purchase-and-sell of medicine as well as other criminal issues, we shall accept the same ideas and methods.