Analysis Of The Criminal Cases Of The Department Heads Of Public Hospital Getting Kickbacks

As early as 2006,the issue of corruption in the field of pharmaceutical purchase and sales has attracted the attention of our government,but from the perspective of judicial practice,corruption cases in this field are still prone to frequent occurrences.Due to its own particularity and complexity,public hospitals often make it difficult to regulate the crime of getting kickbacks in their hospitals in judicial practice.Among them,the department heads of public hospital,as a type of "dual identities" who have both administrative power and prescription power,are undoubtedly the most difficult type of subject to regulate.In judicial practice,there are different convictions for the crime of getting kickbacks by the department heads of public hospital,whether it constitutes the crime of bribery,the crime of bribery of non-state staff,or the crime of unit bribery.Through the overall sample analysis of the cases related to the kickbacks received by the department heads of public hospital,and the in-depth analysis of the typical case of "Lin Mou’s bribery case" and five reference cases,it can be seen that such cases mainly focus on the following disputes:whether the actor can be identified as a state staff,whether his behavior takes advantage of the convenience of administrative management or the convenience of prescription,and whether the joint crime constitutes the crime of unit bribery.In view of the above controversial focus,the corresponding research conclusions are as follows:First,the identification of"state staff" is mainly determined from three aspects:"qualification or status","post responsibilities" and "engagement in public affairs";Then,the kickbacks are divided into two categories:purchase kickbacks and prescription kickbacks.Those that have a substantial impact on procurement activities should be identified as taking advantage of the convenience of administrative management,and those that have little impact or only basic impact but no substantial impact on procurement activities should be identified as taking advantage of the convenience of prescription;Finally,only if the"will of the unit","the name of the unit" and "the benefit of the unit" are satisfied at the same time,the crime of unit bribery can be identified.In general,it is necessary to grasp the specific types and manifestations of such crimes from a macro perspective,find out the deficiencies of the current legal system,and clarify how the behavior of the department heads of public hospital getting kickbacks should be characterized,so as to effectively regulate the corruption problem of kickbacks received by the "key personnel" of the department heads of public hospital.