从跨国药企被处罚案看FCPA规制商业贿赂的域外经验

Foreign Experience of FCPA Regulation of Commercial Bribery from the Case of Multinational Pharmaceutical Companies to be Punished

在我国,商业领域的反腐反贿赂一直是社会和政府重点关注的问题。随着国际贸易进程的不断加快以及近年来我国医药市场的迅猛增长,跨国企业成为经济全球化的推动者,如果听任医药领域商业贿赂大行其道,不仅严重影响市场的公平竞争环境和秩序,还将引发药品价格贵、医患矛盾多、医生职业道德滑坡等社会问题。治理商业贿赂行为,整顿医药市场秩序,是当前我国医药市场健康发展的必然要求。而借鉴和比较域外较为成熟的经验和实践,对建立和完善我国反商业贿赂的法律体系有着积极的意义。

In our country,anti- corruption and bribery in the commercial field has been a problem focused on by both society and government. With the accelerating process of international trade and the rapid growth of pharmaceutical market of China in recent years,multinational companies have become the promoter of economic globalization. As commercial bribery in medical industry becomes much more common,not only the fair competition environment and the order of the market will be seriously harmed,but also inflation of drug prices,doctor- patient conflicts,doctors＇ professional ethics landslide and other social problems will be triggered. It is inevitably required for our country to regulate commercial bribery in current medicine market and reorganize medical market order. Moreover,referring to the mature experience and practice of other countries have a positive meaning in establishing and improving the legal system of anti- commercial bribery in China.