The Regulation Of Commercial Bribery In Medicine Purchase And Sale Area

Commercial bribe in medicine purchase and sale field crime phenomenon intensified in recent years, not only hinder the development of China's medical and health undertakings, destroyed the medical worker's occupation morals, but also damages the interests of the broad masses of the people. Although the state has increased the crackdown, but have little effect. This paper studies the problem of regulation of commercial bribery crimes in the field of Medicine Purchasing mainly from the criminal law point of view, this paper from the concept, the commercial bribe in medicine purchase and sale field characteristics of the crime, a requirement to sum up, the causes and harm, through the analysis of the domestic and international legislation and practice the status quo, to discuss how to improve the regulation of commercial bribery crimes.The thesis mainly consists of five parts:The first part is the introduction, including the research origin, the medical commercial bribery crime research review, research methods and paths.The second part is mainly an overview of pharmaceutical commercial bribery crime, including the crime of commercial bribery to the definition of the concept, the field of medicine marketing of commercial bribe crime concept and the characteristic, the field of medicine marketing of commercial bribery crime, constitutive elements of the field of medicine marketing of commercial bribery crime causes of hazard.The third part mainly is the legislation and practice of commercial bribe in medicine purchase and sale of the extraterritorial crimes in the field are analyzed. Mainly is carries on the summary analysis to the United States, Japan, Germany and the International Convention on the relevant provisions of the content.The fourth part mainly is the present situation of criminal regulation of commercial bribery in China pharmaceutical sales field analysis. Mainly introduces the current situation of legislation regulation of cognizance of medicine purchasing commercial bribery crimes in the field of our country and the field of Chinese medicine purchase and sale of common commercial bribery crime, to find out the defects in the field of criminal legislation.The fifth part is to improve on the criminal regulation of commercial bribery in China Pharmaceutical Sales field. Mainly include the addition of "non state owned units of bribery", "to the non state owned unit bribery" and "non national staff of mediate bribery crime", "to the non national staff of the introducing bribe crime"; to expand the scope of bribery object, delete the "seek interests for others", "to seek illegitimate interests" to increase provisions; the punishment of criminal property, uniform crime of bribery and bribery crime legal punishment, perfection of qualification penalty.