The Legal System Of Governance Of Commercial Bribery In Medical Industry In China

In recent years, the term “commercial bribery” frequently appearedin public view, among them, commercial bribery cases in medicalindustry have attracted wide attention of people. Commercial bribery inmedical industry directly caused the drug prices artificially high, whichincreased the economic burden of patients and led to a livelihood issuethat is “high difficulty and high cost of seeing a doctor”. As a result,commercial bribery is not only a “stubborn problem” to be solvedurgently by national judicial authority and supervision department, butalso a livelihood issue that is concerned with the interests of civilians.Regarding the current situation of commercial bribery in medicalindustry in China, this article researches and analyzes the legal system ofgovernance of commercial bribery in medical industry in the followingfour parts.First of all, starting from the definition of commercial bribery, thisarticle summed up the legal characteristics of commercial bribery, andsummarized common forms of commercial bribery in medical industry,mainly including commission, bonus, academic conferences, and otherforms of unfair interests. Concerning the special market economyenvironment and characteristics of the medical industry, this articleanalyzes the reason of commercial bribery in medical industry in Chinafrom internal factors, external factors and other factors.Secondly, combining with many exposed cases of commercialbribery, this article deeply analyzes of the current situation and problemsof legislation system and enforcement and supervision system ofcommercial bribery in medical industry. In view of the current legislationsystem, the article summarizes several major problems, for instance, lawsand regulations with regard to commercial bribery are too scattered; thesubject of the acceptance of bribes of unit is not contained the privatemedical institutions; basis of punishment of intermediary in commercial bribery is not clear; identification of the means of commercial bribery istoo simple; property punishment standard is not unified. And In view ofthe current enforcement and supervision system, there is “too manyregulation, but hard to supervise” phenomenon, furthermore, in thecommercial bribery case, it is difficult to recognize and identifycommercial bribery, combined with the low intensity of administrativepunishment, which leads to poor effect of legal enforcement.Moreover, this article fully introduces and describes the system andcharacteristic of Foreign Corrupt Practices Act of United States andBribery Act2010of UK, which provides valuable experience ofestablishing anti-commercial bribery system of China.At last, combining with foreign regulations and situation of legalgovernance in China, this article puts forward measures of perfectinglegal governance of commercial bribery in medical industry, includingimproving the prevention system, strengthening the management systemand building information disclosure system.