Commercial Bribery In Medicine Purchase And Sale Field Study On Legal Regulation And Control Mechanism

In recent years, the discussion of commercial bribery is oftenappeared in the media spotlight. Among them, on purchase and sale ofpharmaceuticals, medical devices in the field of commercial bribery is notjust spot for State administrative organs need attention, is that people’shate for persistent ailment of society. Drug prices directly attributable tocommercial bribery in medical field high, increases the burden onmedical patients, eating away at the Government’s medical input, a directresult of the so-called "visiting doctor being difficult and expensive". In2011, the Commerce bribe in medicine purchase and sale area wasestablished within the Ministry of health, bad record-keeping system,only one year, the whole health system is investigated and prosecuted169cases of commercial bribery, involving an amount of42.3176millionYuan. Figure, an understanding on purchase and sale of medicinepeople know this is just the tip of the iceberg of commercial bribe, moreconcealed way of bribery has reached all aspects of pharmaceuticalenterprises, hospitals. The author as legal workers from a large State-owned drug distribution business, in the face of commercial bribe inmedical status，trying to explore the establishment of governance fromthe legal perspective mechanism of commercial bribe in medicine.This article is divided into four sections:Part I is a review of research on medical and commercial bribery.Part II for legal analysis of the behavior characteristics andproperties of pharmaceutical rebates. Drug rebates as opposed to othercommercial bribery with universal openness, prosecution is difficult,initiative, persistence, the level and diversity of characteristics. And fromthe perspective of criminal law and competition law analysis of the legalnature of rebates on drugs.Part III analyzes the causes and harms of drug rebate. Causes can bedivided into five areas, including drug excess capacity and insufficientgovernment investment in health, drug pricing mechanism is not perfect,centralized bid purchasing system deficiencies, medical personnel incomeis not high.Part IV including content of the legal reform of prevention andprecaution.