It is not for the ordinary doctor to attack the commerce to bribe

It is not for the ordinary doctor to attack the commerce to bribe
It is not for the ordinary doctor to attack the commerce to bribe
Until Beijing, December 4 (Xinhuanet), December 4, the Supreme People's Procuratorate legal the intersection of policy and the intersection of research room and senior public procurator, Han YaoYuan, Dr. of law, act as a guest in www.xinhuanet.com, emphasize when understanding " the Supreme People's Court, the Supreme People's Procuratorate are being about the opinion of several questions of applicable law of criminal case of handling commerce and bribing ", " two is high " The opinion of issuing and attacking the commerce and bribing is not for ordinary doctor, teacher, the focal point attacked is illegal administrative leader and illegal pharmacist whose field exercised the right of buying and selling of medicine of buying and selling of medicine. But take the larger who causes abominable circumstances such as the serious consequence,etc. doctor of commission number to a few, should investigate criminal liability in accordance with the law. Han YaoYuan says, because of particularity and complexity of the commercial crime of bribery while introducing the issue background of " opinion ", judicial authority bribe criminal case in the course in commerce of handling, appear a lot of law suitable to apply the knotty problem, all parts realize, deal with and differ, has influenced and attacked the result and seriousness of enforcing the law. For this reason, the Supreme People's Court, the Supreme People's Procuratorate have made " opinion " on the basis of making investigations thoroughly and soliciting the opinion of various circles of society extensively, for the accurate applicable law of judicial authority, attack the commercial crime of bribery to offer the unified law enforcement standard in accordance with the law. YaoYuan Han say we pay attention to after " opinion " is issued, some net friend think " the opinion " point to doctor, Mr. attacking the focal point that the commerce bribed, this is a kind of misunderstanding. Attacking the focal point that the commerce bribes includes the buying and selling of medicine field, the focal point attacked is illegal administrative leader and illegal pharmacist whose field exercised the right of buying and selling of medicine of buying and selling of medicine, it is not the ordinary doctor definitely. Han YaoYuan especially points out while mentioning how " opinion " reflects that helps the policy widely and tightly, as to the commercial bribery that takes place in the buying and selling of medicine field, should investigate and prosecute medicine and produce and manage enterprises and promote even fake and forged medicines with poor quality but high price and commercial bribery crime case of the medical equipment to the medical organization through bribing especially, and the crime of accepting bribes of responsible person of medical organization, administrative staff. The general doctor does not quite make the number of deducting a percentage only, the plot is general, make education a key point, or offer party and administrative disciplinary measure, the criminal liability of generally letting the matter pass; Take commission number relatively largely as to a few, know fake and poor medicines perfectly well but require the hospital to purchase or not cause abominable plots such as the serious consequence,etc. to patient to the ill in order to retract and deduct the administration for retracting and deducting, should investigate criminal liability in accordance with the law. Because " opinion " forms the discrimination standard of bribery crime and has not established the undoubted hard lever to doctor and teacher, adopt the intersection of elasticity and large " have larger numbers, declare so as to non- national civil servant's bribery crime guilty to punish " Statement,net friend have on this doubt. Han YaoYuan says, 2006 criminal law amendment (6) Have revised article 163 of criminal law, has increased " other unit staff members " Subject. " two is high " in 2007 Confirm the charge of the amended article 163 as the non- national staff member's bribery crime. In the criminal law amendment ' Six) Before this, it was more than 5000 yuan that the ones that stipulated to article 163 of criminal law in the Supreme People's Procuratorate, the Ministry of Public Security " provision that the economic crime case is prosecuted standardly " in 2001 prosecuted the standard. Criminal law amendment ( Six) Make, revise to the intersection of criminal law and article 163, prosecute standard, should revise, go on research while being necessary.


|