医药受贿犯罪主体资格的法律认定研究

Legal research on the subject qualification of medical bribery crime

在多种职务交叉的情况下,如何准确认定受贿主体的身份,一直是医疗贿赂案件认定的重要疑难。结合多个案例来看,最具争议的主体是有处方权的医生与有统方权的技术人员。不难发现,与医药行业受贿主体的扩大趋势一样,刑法上受贿主体的整体范围都在剧烈扩张。对此,在学理上须进行审慎反思,对受贿主体做出限定解释。总体的认定顺序应为,先判断医疗机构的法律属性,再对医务与行政人员的职责与行为予以辨析。

In the case that mutiple positions overlap, how to identify the subject in bribery crime accurately has become the most controversial medical subject recently. Research on many cases show that the key to it lies in both doctors with prescription rights and technical personnel with statistical power. Obviously, the whole bribery subjects in criminal law have witnessed dramatic expansion, the same as that in the medical industry. To this, however, it is essential to rethink profoundly and thus limit the interpretation to bribery subject. In conclusion, the judgment order should be like this: first determine the legal attribute of medical institutions, and then distinguish prudently the responsibility and behavior of medical professionals and administrative staffs.