The Qualitative Research Of The Rebate Behavior In The Public Hospital Departments

There are several disputes to define doctors in the departments of public hospitals to receive kickbacks from drug sellers through prescriptions in the medical process in the theoretical and practical circles,such as crime or non-crime,this crime or that crime,all these judicial decisions were happened in different courts,and these decisions were based on different theories such as crime of accepting bribes,accepting bribes by non-state functionaries or accepting bribes by units.For non-crime theory is too licentious,the criminal subject of bribery by non-state functionaries is not accurate,the theory of accepting bribes in a unit seems fair,but it does not reveal the nature of doctors seeking personal interests in the name of the department,so this kind of crime should be defined as crime of accepting bribes.The characterization of this act as the crime of accepting bribes is in accordance with the constitution of the crime,because the subject of this crime is the doctors in public hospitals who has the identity of civil servants,the subjective respect of this crime is direct intent,the object of this crime is the non-bribe nature of the act of public office,and the objective aspect is to make use of the convenience of prescribing.The behavior of the personnel of the whole department should be characterized as a joint crime of accepting bribes.For at the very beginning,the main leaders of the department decided to receive kickbacks from drug sellers through prescriptions in the medical process,and then all the doctors in the department committed this crime,so all the doctors in the department had a well-known subjective psychology for accepting illegal kickbacks,and there was an intention to make use of the prescription position convenience to get kickbacks for the benefit of the drug seller.So,it can be concluded that the doctor in the department from public hospitals jointly committed the crime of accepting bribes.