Commercial Bribery In The Field Of Purchase And Sale Of Medicine

Commercial bribery in the field of Purchase and sale of medicine is a form of commercial bribery. It means the market participants are doing illegal things against the normal order of market competition by adopting various means to bribe other units or individuals deliberately in order to reap commercial benefits in economic activities. It has been disrupting the economic order、violating the country and the interests of the masses. And undermining China’s pharmaceutical market competition order and restricting China’s socialist market economy development. It is inconsistent with the scientific concept of development and a large tumor in building a harmonious society. Our Party and state leaders have made arrangements to crack down commercial bribery, including the field of medicine. In2006the anti-corruption was focused on the commercial bribery. Purchase and sale of commercial bribery in the field of medical treatment is a long task, and sports-style regulation cannot completely wipe out the commercial bribery in the field of pharmaceutical purchase and sale. Purchase and sale of commercial bribery in the field of medical treatment need legislation to solve these problems."Criminal Law of the PRC"、"Anti-Unfair Competition Law of the PRC" and "State Administration for Industry and the Provisional Regulation on commercial bribery" are specific to the commercial bribery requirements. Purchase and sale of commercial bribery in the field of medicine resulted in the prevailing high prices of medicines; tensions between the doctors and the sick. At the same time, the commercial bribery disorder resulted from the competition in the pharmaceutical market is impeding the normal development of the pharmaceutical industry. Premier of the State Council Wen Jia Bao said that purchase and sale of commercial bribery in the field of medicine was caused the proliferation of a variety o reasons, including inadequate legal provisions. One of the main responsibilities is that the law is not clear. Besides "Criminal""Anti-Unfair Competition Law" and "Interim Provisions" there are "Drug Administration Law of the People’s Republic of China""the Medical Practitioners of the PRC""Medical Practitioners Law" in the field of purchase and sale medicine. However there are many imperfections in these laws. It is known to all of us that the law is the last measures to defend. So what we should do first is to improve our laws so that we can regulate the commercial bribery in the field of medicine. Research methods the writer used is that literature search; comparative research methods through the advanced legislation in some other countries; the writer will discuss the concept of commercial bribery, Purchase and sale of commercial bribery in the field of medicine,; its characteristics; causes and serious social harm; he writer will focus on analysis of our country’s anti-corruption legislation combined the successful experience of foreign anti-commercial bribery legislation. At last the writer perfect a number of recommendations to regulate the commercial bribery in the field of purchase and sale medical treatment in order to be beneficial to the regulation of our country’s commercial bribery.To treat the purchase and sale of commercial bribery in the field of medical treatment we should improve the institutional and regulatory. First, we need to improve the system to change the health care system completely; second, the circulation system and other issues should be completely changed. In order to improve regulation, we need to strengthen law enforcement and the judiciary and establish effective industrial management associations.