Thesis On The Subject Qualification Of Bribery Crime Of Information Managers In State-owned Medical Institutions

Medical and Health Industry is a significant issue, which people often talkedabout. It concerns the health of all of us. With deepening reform, the specialty ofState-owned Medical Institutions leads to some deep and new-style contradictions. Inrecent years, our government intensities crack down to the commercial bribe duringmedicine purchase and sale. For the new-style subject of Bribery Crime such as theinformation managers in State-owned Medical Institutions, they take the rebate fromthe pharmaceutical sales representatives firstly. Then they take advantage of theirconvenience to provide the pill consumption. So, how to convict them of a crime?Bribery Crime of official servant or Bribery Crime of non-official servant? Theanswer in judicial practice becomes confusing.In the process of the recognition of Bribery Crime, the most important issue is ofits subject qualification. For the recognition of Official Servant, there have been fourdifferent views in the theory of Criminal Law, that is the theory of organizationcharacter, the theory of property character, the public-affairs-oriented theory and theidentity-oriented theory. Each view has its own advantages and disadvantages, and allof them are to be consistently corrected and hopefully perfected. Due to the differentemphasis on Judicial Interpretation of Supreme People’s Court and Supreme People’sProcuratorate and the indefinite clause, the judges are confused by the judging standards of Official Servant.I find that the scope of the subject qualification of Bribery Crime in judicialpractice presents a trend of first increase to decrease and then increase again. Thistrend is due to the constant reform of the society, and the criminal policy changes inthe meantime. The criminal legislation and the reform of Criminal Law is changed bythe criminal policy. Nowadays, the concept of harmony is advocated strongly in thesociety, and the criminal policy of “Combination of Leniency and Strictness” meansthat we should radically change the thought of heavy sentence, with the concept thatis a minimum amount of punishment to obtain the largest benefit. And we mustreduce the negative factors as far as possible in the society, basing on the liberationand renewal of human nature.In the relevant case, it is easy to find that the standard used in the subjectqualification of Bribery Crime has many misunderstanding and shortage to solve theproblems. Therefore, I proceed with the source of income and drug procurement ofhospitals, and observe the behavior of the information managers by choosing a waytoward the interpretation methods of Criminal Law. And I also look forward to doingmore in-depth discussion and study, basing on the interpretation methods andempirical research. Finally, I will seek a new standard of the recognition of the subjectof Bribery Crime, in order to solve the problem effectively and contribute to thejudicial practice in the future.