Commercial Bribery Crime Of Criminal Law Theory Of Pharmaceutical Industry

In recent years,with the development of economic globalization,China's marketization process accelerating,the increasingly diversified market main body,competition is increasingly fierce.The operator in order to obtain high profits in the market activities,irrespective of the market rules of using bribery and other improper means of competition,commercial bribery and even became a kind of hidden rules.The pharmaceutical industry has become a major disaster area of commercial bribery,pharmaceutical production enterprise and the enterprise in order to sell their products,invest a lot of money to bribe the medical staff.Hospital has become a business place,seriously neglect their social responsibility.Due to the pharmaceutical industry of commercial bribery,created a lot of social problems,such as drug prices artificially high,the doctor-patient relationship nervous,medicine market order confusion,etc.,not only hindered the development of medicine market economy,damage the image of the medical staff,and caused losses to the national economy,weakened the party and the government's credibility.At present,the pharmaceutical industry of commercial bribery crime means has become increasingly diverse,such as rebates,such as labor,sexual bribery,and has strong concealment crime form,a lot of resistance to solve cases.Because the legislation has lag,our country's present criminal law and relevant judicial interpretations of the provisions of the commercial bribery crime there is missing,it is difficult to effectively regulate the crime in the pharmaceutical industry.In order to effectively combat crime,purify the medical market environment,improve the medical industry of commercial bribery crime of criminal law is imperative.This paper is divided into four parts on the whole,to put forward problems,analyzing problems,the model is discussed to solve the problem.First of all,for the pharmaceutical industry to define commercial bribery crime,induces the pharmaceutical industry the concept of commercial bribery crime,and to analyze its characteristics and harm;Second,about the pharmaceutical industry in China criminal legislation of commercial bribery crime analysis,points out the existing problems and mainly from the constitutive requirements,charges system,elaborates the crimes,the penalty set;Again,this paper analysis the United States,Germany,Japan,the United Nations prevention of commercial bribery crime legislation and revelation,to perfect our country medicine industry of commercial bribery crime in the criminal law regulation for reference.Finally,on the basis of other country legislation,aiming at the problems in our country criminal law regulation,the penalty set four aspects is discussed.