Pharmaceutical Purchase And Sale Of Commercial Bribery, Empirical Research

Commercial bribery of medicine purchases and sales is mainly that, in order to obtain the trading opportunities,the companies and sales of pharmaceutical production and business use various means, such as rebates,to bribe the chief of the government authorities, medical institutions and the clinical doctors,or the related units and individuals seek bribes from the companies and sales. Because of the existence of the defects and shortcomings of China's Criminal Law,it is difficult to define some acts of commercial bribery,so there are not enough legal regulations to meansure the emerging criminal means.Based on the purchase and sale of Chinese medicine to start commercial bribery, I practice in the judicial recognition of the existence of judicial conduct in order.I put forward the suggestions by using case studies and research methods.In addition to the introduction and conclusion, this paper is divided into four parts, and the full text is about 20,000 words.The first part, the legal concept and constitutive elements of commercial bribery of medicine purchases and sales. This part first analyses the concept of the commercial bribery, the illegal of the commercial bribery and the crimes of the commercial bribery and summes up the western countries on the definition of these concepts and provisions, then analyses the concept of commercial bribery in light of China's Administrative Law and the Criminal Law to point out the shortcomings of the defining of commercial bribery according to China's Administrative Law. This part mainly make the clear differences of the commercial bribery, the illegal of the commercial bribery and the crimes of the commercial bribery by the chart. At last,this part summarizes the constitutive elements of commercial bribery of medicine purchases and sales.The second part, the status and the criminal characteristics of commercial bribery of medicine purchases and sales. This part is mainly to analyze by case and research to summarize the main characteristics of current commercial bribery of medicine purchases and sales: lasted for a long time; high proportion of incidence of groups; large amount of money involved; complex forms, and means hidden, and dealt with difficulty. Based on these characteristics, I pointed out that the Penal Code methods used to punish lack of commercial bribery medicine purchases and sales efforts.The third part, the judicial determination of the commercial bribery of medicine purchases and sales in practice. This part is mainly to resolve the problem of the judicial determination and presents the conclusions. The conduct of receiving kickbacks of state-owned hospitals does not constitute a crime of accepting bribes. This part analysis legal attributes of the rebates, discounts, commissions and red envelope, and pointed out the distinction between rebates, discounts and commission and also pointed out that red packets do not belong to the management of commercial bribery. I put forward my view to define "used position to," "seek illegitimate interests" and "to benefit other people."The forth part, the control measures of the commercial briberyof medicine purchases and sales. we should learn from foreign experience and the provisions of "United Nations Convention against Corruption" to change from time to time and timely amend the Criminal Law to enhance the fight against commercial bribery. The main body of commercial bribery should be further defined, the object of commercial bribery should be properly expanded, the bribery crimes should be given the same legal sentence, bribery of foreign public officials and officials of international organizations should be added, the punishment should be set, the "count and legal sentence of the bribery of the non-national staff" should be further improved.