Medical Field Of Commercial Bribery Investigation And Prevention Countermeasures

Commercial bribe is a kind of underlying rule of the industrial regulation and enterprise development in Chinese medical industry. Commercial bribe, which is definitely a kind of illegal competitive deed, is defined as the activity that commercial operators use material goods or other means to bribe the company and people of the other side in the commerce, in order to be able to sell or purchase goods. The essence of commercial bribe is a kind of cheating, which is based upon bribe, by which business opportunities are got and as a result, the legal right of other commercial operators as well as the social economic regulation are jeopardized. And for what is worth, the commercial bribe in medical sell industry, will deteriorate the medical treatment, raise the price of medical care in hospital, as a result of which it will dishonor our government and Party, corrupt the impression of operators in medical area in people's mind. And it also results in turmoil of medicine management, the deterioration of the relationship between doctors and patients, and increase of the number of medical dissension, which has been paid a lot of social attention. If commercial bribe can not be settled in time, the corruption and the social conflict from it will become the chock point of the development of medical enterprise of our country, which will have a bad effect to Chinese macroscopic economics and the society stability. In the system of medical industry, the commercial bribe has been given a lot of attention in the recent years, and a lot of regulations which are used to control these bribes have been proposed. National legislations for defining commercial bribes become integrated and detailed more and more. A lot of harvest of regulation and definition of bribe have been got. And for what is worth, relative investigation department has improved their investigation and regulating. Emphasized the investigation, the thesis analyzes the characteristics of the commercial bribe criminals in medical areas, and according to these characteristics it chooses the investigation point and use corresponding investigation means, and build a long-time and effective mechanism for criminal prevention and control. This paper can be divided into three parts. PartⅠwill focus on the relative content generalization, including commercial bribe, criminals of commercial bribe, and the definition of the commercial bribe criminals, the situation, characteristics and the causes analysis of the commercial bribe criminal in the area of medicals purchase and selling. Commercial bribe is defined as that in the commercial activities, in order to sell or purchase commercial goods, provide or accept services, operators make some illegal activities, such as giving the other side wealth or other profits. In its essence, commercial bribes are included in bribes, and are a special type of bribes. Commercial bribe criminal is defined a kind of bribe criminal activity which takes place for commercial profits in commercial activities and damages common market regulation. This kind of criminal takeing place in medical area, is define as that in the trade process of medicine, equipment, and materials, operators give the medical department or individual money, in order to give economical profits, and the latter take advantage of their authority ,bring the former illegal profit and call for money. This kind of criminal is different from some common commercial bribe criminal, instead, it has its special characteristics. Its causes are from different factors, the medicine mechanism that curing feeds on medicine, the asymmetrical information amount between doctor and patient, the failure of regulation and legislation, as well as supervision mechanism and regulation mechanism, the obscurity of the medicine selling and purchase and medical service standard. And under various factors, it seems that medical commercial bribe criminal has been in bad situation and a lot of criminal cases appear, so many people with authority are put into prison. All of these show that the result of this illegal activities is very serious, because this criminal has entered into the market economic mechanism.PartⅡwill focus on the object of investigation. In this part, we will emphasize the characteristics of some criminal cases in medical area. As for the criminal time, it usually takes place in the process of commercial trade. As for its space, these cases usually do not have particular address. Their operators are from muti-sources, and the side criminal cases increase obviously. The type of criminal objects increase obviously, including common material goods in your lifetime, and other kinds of profits, such as trip or going abroad and so on. And furthermore, there are a lot of means of criminal, such as probation, rebate and false receipts. And outcome of criminal is so serious, because that people have a high requirement and emotional desire to such as career which is to save people's lives and has a high career moral fiber and do not want it is polluted by corruption, and if corruption takes place, it will have great imparts on the entire society. And secondly, according to the case characteristics, we will analyze the difficulty of the case investigation and search for the methods to solve the cases. This kind of cases has great difficulty. On one hand, it is because the nowadays regulation is not perfect, and it is in disorder, such as regulation, putting on record and so on. On the other hand, this kind of cases is relative to the medical area, which will call for a high quality of the investigators. And furthermore, the criminals in these cases have a good skill and knowledge, whose anti-investigation ability is very strong, which will give us more investigation difficulties. So, we should focus on the records and other relative materials, and make investigation in some critical process such as medicine trade. At last but not least, on the basis of the former analysis, we will propose some special means to prevent and investigate the commercial bribe criminal in the medical selling and purchase area, and will try to make some innovation. Some common means for investigation, such as inquiry, getting evidence and witness, interview and foraging about places, should be still used a lot as the basis of investigation. Besides these, some special means could be used, such as technological investigation, attractive investigation and judicatory account investigation.PartⅢ, we will explore the long-time mechanism to eliminate the medical commercial bribe , from the ethic, regulation and law system, and at the same time, analyze the building, reason and characteristics of the anti-investigation. In particular, we can make and improve the relative regulation and legislation, improve the medical management mechanism, building effective medical regulation system, and study and design scientific reasonable medical regulation system, such as building and improving price regulation mechanism, medical quality judgment system, information open system, as well as hospital and medical operator involving system.