Legal Regulation Of Commercial Bribery

Along with medical and health industry plays a more and more important role in people's social life, the gradually opening up of the medical market and the increasing fierce competition in the medical market, which to some extent provide soil for illegal criminal in this area, especially the growing phenomenon of commercial bribery. This test mainly focus on the commercial bribery in medical and health industry to provide a theoretical basis and reference for the behavior of commercial bribery in medical and health fields. This article consists of five chapters:The first chapter is the basic theory of commercial bribery. First, Explicit understanding and definition of the basic concepts of commercial bribery; second, describe the behavior of commercial bribery in medical and health industry, summarizing it in three aspects: principal elements, subjective elements and behavioral elements. Finally, elaborate controversial practice, including the behavior such as doctors to receive a red envelope or kickbacks at the clinic and enterprise conduct "sponsored" behavior.The second chapter discusses the status, characteristics and hazards of criminal bribery in the medical and health industry. First, commercial bribery is serious, commercial bribery has become the central focus of the content of anti-corruption work; Second, commercial bribery issues related to China's livelihood problems, to the problem of China's market economy, its harmfulness is so large and heavy that the governmengt must arouse the concern of authorities and a strong remediation.The third chapter describes the reasons of the problem of commercial bribery. First, China's market economy system is not mature enough, it does not fully competitive and led to the monopoly of medical and health industry and other industries; Second, the reason from China's legal system, due to incomplete legal system in our country , there is no specific law on a special regulation of commercial bribery. At present there are many defects and shortcomings in our existing criminal law, civil and administrative law and other laws, the regulatory aspects of commercial bribery.Chapter IV is reference of foreign commercial bribery management. Foreign markets economic development is more mature than China, it also has accumulated a lot of important experience in the punishing commercial bribery. Strong legal mechanisms such as the U.S., antitrust mechanisms, and oversight mechanisms to do public opinion support; Japan in the fight against commercial bribery in tendering and bidding system in the strict, medical separation system; Hong Kong has a sound legal system, set up a special anti-corruption organization - Independent Commission Against Corruption and the strict witness protection system.Chapter V presents the legal regulation and suggestions of commercial bribery. The author discusses the regulation of commercial bribery in many aspects and focuses on the legal aspects of establishing and improving regulation. First, the legislation on combating commercial bribery reform and improvement, the introduction of a complete, unified "anti-commercial bribery law," the voices are becoming stronger. In the existing laws in the criminal law, administrative law and civil law on the punishment of acts of commercial bribery laws and regulations should be improved.Final conclusion, carry out actions prevent and control of commercial bribery in medical and health industry is urgent, should build sound, unified legal system in many aspects, use legal means to regulate its punishment. However, as the basic national conditions of China's constraints and other factors, prevention and control commercial bribery will be more twist and more difficult.