The Criminal Law Regulation Of Commericial Bribery In The Medical Field Of China

Commercial bribery is not the concept of criminal law but the concept of competition law,from the beginning of 2018,the new version of Anti-Unfair Competition law has made substantial adjustments on the commercial bribery,which is more conform to the nature of commercial bribery and has advancement on aligning with the criminal law.The commercial bribery crime system in criminal law is not only including the bribery crime of public sector but also including the bribery crime of private sector.And the regulation of commercial bribery in criminal law is composed of a serious related accusations,after several rounds of amendments,the criminal law has built a strict legal network for the punishment of commercial bribery.According to the competition law and criminal law,clearly understanding the essence of commercial bribery is the collusion between power and money after analyzing the three different forms of commercial bribery in the medical field.The number of commercial bribery cases in the medical field is soaring these years,the public hospital has its special and complex status,which make it difficult to regulate the crime of taking bribes in judicial practices.Classifying different professions with or without administrative authority,discussing the regulation status of commercial bribery.“Engage in public affairs” is the criteria for identifying the correct criminal accusation,in judicial practices,need to analysis the detail taking bribery behaviors,which are taking advantage of the power of engage in public affairs or the convenience of the job.For the constitution of taking bribery crime,combined the definition of 2016 judicial interpretation on four conditions of “seek benefits for others”,classified if “the collusion between power and money” is exist or not,then achieve or not,analysis of the current status of criminal law regulation for commercial bribery.Additionally,the new taking bribery crime,Using-influence-bribery,through the success and failure cases in medical field,analysis the criteria on the identity of the subject of bribery and the behaviors of taking bribes,and also for the constitution of this crime,combined the definition of concerning judicial on “seek unjustifiable interests”,analysis the current status.At present,the judicial interpretation provides the basis of constitution crime for taking bribery crime under the condition that not achieve “the collusion between power and money”,although it against the legal principle of crime,also cause difficulties on judicial identification,however,it indeed make the present law of bribery crime strictly,make the behavior of taking illegal gift and accepting daily gift be crime or not.