医药领域商业贿赂法规演进及其思考——基于116例典型案例的法律实证研究

On Evolution of Laws Concerning Commercial Bribery in Pharmaceutical Industry: Based on 116 Typical Cases

结合医改进程研究我国医药领域反贿赂法规的立法进展,对1979年医疗改革以来相关法律法规变迁轨迹和脉络进行整理,相关罪名从无到有,量刑标准从定性到定量,从简单到具体。收集近几年经法院审理并判决的医药贿赂案件,分析典型案件的犯罪特征,目前犯罪规制存在的问题主要有:对身份、罪名存在争议,犯罪对象定义过于狭窄,对单位犯罪规制过少,财产刑处罚力度过小。建议完善医疗防腐立法,扩大贿赂对象范围,完善资格刑刑罚,避免“厉而不严”的罪刑规范结构。

This paper investigated the legislative progress of anti-bribery laws and regulations in pharmaceutical industry with the progress of medical reform in China.The track and context of the changes of relevant laws and regulations since the medical reform in 1979 were sorted out.The related charges were developed from nothing,the sentencing standards were built from qualitative to quantitative,from simple to specific.By collecting and analyzing the typical medical bribery cases that have been tried and judged by the courts in recent years,the main problems existing in the current criminal regulation were summarized as follows:controversy over identity and charges,extremely narrow definition of the object of crime,little punishment for institutional crime and little property penalties.It is suggested to improve the legislation of medical anti-corruption,expand the scope of bribery objects,improve the qualification penalty,and avoid the"severe but not strict"structure of criminal norms.