Investigation On The Anti-commercial Bribery Mechanism In The Field Of Medicine Purchases And Sales

The commercial bribery in the health and medical care field is not a Chinese patent, but it just like a cancer commonly existing in every country. Every year the expenditure in the health and medical serves is up to 3 trillion U.S dollar all over the world .It is estimated that the losses caused by the commercial bribery is account for 5% in the expenditure for public health. With a group of officers of the State Food and Drug Administration being arrested in the year 2006, the Chinese government started the campaign for anti -commercial bribery in the health and medical care field.This paper shows us the manifestations and the current situation of the commercial bribery in the medicine industry, analyzes the reasons for the formation of commercial bribery, discuss the limitation of the punishment of commercial bribery in our country. The purpose is to discuss how to build the mechanism for effectively eliminating the commercial bribery in the field of the medicine purchases and sales.The whole contents of this paper are divided into four sections. The basic framework is as follows:Part I, has summed up the manifestations of commercial bribery in the field of medicine purchases and sales. Explain the concrete connotation of the commercial bribery in the medicine purchases and sales from offering bribes and accepting bribes two aspect. In view of the numerous names and various forms of commercial bribery, analyses the typical forms: under the guise of discount, the donation and subscribe, attached gifts, academic conference, the commercial bribe to be reality. To correctly identify the bribe hidden behind the reasonable and legitimate commercial activity has very especially practical significances in the fight against the commercial bribery.Part II, has analyzed the current situation and the contributing factor of commercial bribery in the field of medicine purchases and sales. At present in the field of medicine purchases and sales, the existence of commercial bribery is fairly universal, its implementation is extremely subtle, the consequence is complex and spreading. It has not only aggravated the burden of consumer but also has damaged their health ; has destroyed the image of doctors as the angles in white and the relationship between doctors and patients .The common commercial bribery has led to the disorderly competition among the medicine enterprises, affected the whole industry development, and vandalized the international image of our country. The spread of commercial bribery in the field of medicine purchases and sales has many complex contributing factors. This part from the two parts of bribery the offers who is the medicine enterprise and the accepters who are the medical institution and the medical personnel seeks the origin of the commercial bribery and discovers that prevalence of bribery not only has the subjective factor that the poor operation concept medical enterprises had but also has the external factors that the medicine industry itself is not in the perfect development; not only the loss of medical ethics of some medical institution and medical personnel but also extant provided by our current health and medical serves system.Part III, has analyze the defects of our country's anti-commercial bribery system in the field of medicine purchases and sales, from the law legislation, the enforcement, the supervision three aspects. First, the main legislation defect is the lack of unified anti-commercial bribery law with higher validity level, the scope of the subject of the commercial bribery crime is too narrow, the provision of the method of the commercial bribery crime is too single, the mechanism of the responsibility of the commercial bribery crime is unreasonable. Second, apart from inadequate legislation, the law enforcement is not strict. This is mainly manifested in the difficulty of determination of the bribery, the ambiguous provision about the agency in charge of the bribery brings about that the agency can shifting responsibility onto others, the responsibility of every agency is not clear, the collective commercial bribery make it impossible to ascertain the responsibility of the public, the bidding system of mass purchase the medicine aiming at reducing the patient's financial burden originally , turned into a disguised bribery for inexactitude enforcement. Finally, the vacancy and dislocation of the supervise entity make the bribery offers and accepters nothing to fear. The mechanism of permission of the establishment of medicine enterprises is not effective, with the Drug Price Management Department lack of supervision, the price of medicine is out of control; the Health Insurance system does not play its supervisory pole, but leads to excessive medical treatment; there is no channel and system for social supervision.Part IV, on the argument as above, from our country's legislation, medical treatment system, the market competitive mechanism and the supervision and management system four aspect, with reference to the other country's valuable experience and system in eliminating the commercial bribery in the field of medicine purchases and sales, has suggested that our state should rebuild the anti-commercial bribery mechanism. The government should renovate the regulation of the commercial bribery in legislation, reform the health treatment and the drug distribution system ,cut off the economic connection between the hospital, medical personnel and drug sales, improve the compensation mechanism of the medical institution; the medicine enterprises should renew their business concepts and enhance self-regulatory and self-restraint level; the hospital should strengthen the internal management , public the service affair , urge the cultivation of the medical ethics and virtue, strict the services norms, insist on the rational inspection and reasonable treatment; the medical personnel should improve their occupational moral standards, prior to the patients' rights and interests, maintain the great respect to life. The state should set up the regular supervise mechanism, such as the perfect blacklist system of commercial bribery, the Health Insurance's monitoring system, the reporter system, the hospital's anti-commercial bribery performance published system etc. In summary, this paper try to discuss the establishment of the long-term anti-commercial bribery mechanism which is composed by the binding ex ante prevention, the powerful supervision in the activity, the strict ex post punishment.