Wealth

v5 Chapter 1044: Commercial bribery

According to Fan Wubing's meaning. The FANS club quickly arranged familiar media friends to interview the people involved in the video through official channels. What is ridiculous is that the other party thought it was his performance or amazing achievements, which attracted the attention of the media.

During the interview, everyone was very cooperative from individuals to companies and units. Several people were set up as typical units. In particular, the media was instructed by the executives of the FANS club. They asked about the other party’s work history and emphasized. The formal employee status of the other party.

After the program is recorded, it is not the broadcast of the TV station, but the subpoena from the court.

The FANS club formally filed a complaint against these people on charges of commercial bribery and unfair competition. At the same time, it submitted relevant video and audio evidence, as well as some amount of money involved in the case, product catalogs, etc., and also provided multiple witnesses.

This case immediately attracted a lot of attention in the country, especially after the case was filed, the company involved immediately denied that the defendant was its own employee, and the department involved also stated that the official involved was a temporary worker. This argument did not come as expected. .

Next, the FANS club threw out the methods it had prepared before. There was an uproar in public opinion, and they expressed indignation at the company and the department involved in the case.

All of a sudden, the fun was great.

Finally, the company involved in the case had to admit the facts and expressed its willingness to accept the court's ruling and punishment, and the person in charge of the department involved had to accept the punishment sadly. The persons directly involved in the case were sentenced to fixed-term imprisonment ranging from five to ten years.

As a result, the company’s reputation was greatly damaged, coupled with the craze of online media, it became notorious for a while, and the Fans club, due to its victory in this case, greatly deterred those who used despicable methods. Companies engaged in unfair competition have immediately rebounded their sales performance.

The subject of the crime of commercial bribery is a general subject. As long as it is for the purpose of seeking illegitimate benefits, giving property to the staff of a company, enterprise or other unit can constitute the crime of commercial bribery.

At present, the main body of commercial bribery crime is the staff of companies, enterprises or other units, which is not enough to cover the scope of commercial bribery behaviors that actually occur in social life, such as medical treatment, education, engineering construction, property rights transactions and other fields. The acceptance of kickbacks by employees in public institutions is essentially a commercial bribery. The Criminal Law is not clear about it and cannot punish the employees for their harmful behaviors, which affects the effectiveness of cracking down on such behaviors.

In an interview with CCTV's "Daily Financial Interview" column, Fan Wubing also mentioned this point.

"For example, the issue of medical kickbacks that the masses are most concerned about is commercial bribery, but now it is very difficult to obtain evidence and investigate." Fan Wuyao said.

Fan Wubing gave an example. Xiao Mingqi was a doctor in a county hospital for the past three years. He has been reporting the collective acceptance of kickbacks by the doctors in his hospital. Until this year, the director of the county health bureau, the director of the county hospital, and the chief of the pharmacy department were subjected to double regulations. The fact that 10,000 yuan and 80,000 yuan are rebates.

Then the inspectors discovered from the records of a bribery company that the county hospital was not the only one that received the kickback. In the past year, during the special anti-commercial bribery action of the province’s medical and health system, more than 100 people including more than 30 hospital directors and vice presidents across the province were investigated and dealt with in accordance with the law, and the amount involved was tens of millions. Yuan.

"I know this case. At that time, we made a program on CCTV." The host Zi Qi interrupted.

Fan Wubing nodded and replied, "There is indeed this film. In fact, from that film at the time, everyone saw the results more. It was finally revealed to the world. But the real process is a very difficult process. It stands to reason to report. The person himself is a doctor, and he is also a director. There are very detailed records of medicines and rebates. The evidence is clear. Why does it take such a long time? This is mainly a system issue."

The issue of drug rebates has existed before, but after 1998. A large number of drug dealers went to the hospital and gave the director, deputy director, deputy director in charge of medicine, secretary, director of the pharmacy department, pharmacy staff, doctors, etc. Traffickers have direct face-to-face contact with doctors, and the medications used in various clinical systems basically cover all rebate drugs. In the past, there were fewer types of rebate drugs, but more of them were available after 1998. Therefore, doctors’ prescriptions are basically It is a rebate medicine. In the past, a prescription cost tens of dollars, but later it will rise to several hundred or even thousands of dollars. In this way, the patient feels unbearable. In fact, it is not because the medicine is expensive, but because the rebate phenomenon is more serious.

Because of the profit-driven, doctors like to prescribe large prescriptions, and it is over-treatment. Some doctors can spend 5,000 or 6,000 a month.

Regarding this issue, everyone was at a loss at the beginning and thought it was a new thing. Many deans also told the doctors that the doctor's treatment is relatively low, and it is reasonable to get a little rebate to improve their treatment through this method.

In this way, there was nothing in the beginning, but later he saw that the patient could not bear the prescriptions prescribed by the doctor, and he would not buy the medicine in the hospital, so he took out all the medicines. And I began to scold the hospital, thinking that the hospital was a ripped off. The original outpatient clinics in the hospital had 400 to 500 people every day, but after that, there were only about 100 people. The number of outpatients has decreased and the prescriptions have been outflowed.

"Doctors, the hospital’s rebate is not a separate issue. In medicine, pharmaceutical manufacturers, drug manufacturers, and even drug and food approval departments, price approval departments, drug dealers, hospital directors, and doctors. An interest community, this interest community is a strong medical group. The common people are definitely a disadvantaged group when they see a doctor. For such an interest community, if you want to punish such an interest community, it will inevitably involve some powerful, some party and government officials. The scope is relatively large, so it is quite difficult to punish." Fan Wubing said to Zi Qi.

A guest who participated in the interview interrupted, “As for the issue of commercial bribery, we should say that there are laws to follow from the investigation and handling of cases. Now, there is another issue in the Criminal Law and the Anti-Unfair Competition Law. The "Interim Provisions on the Strict Prohibition of Commercial Bribery" issued by Industry and Commerce in 1996 are all legal basis, and the crimes stipulated in the "Criminal Law" are very specific. It should be said that there is a law to follow, not an unlawful one. The other is As you mentioned earlier, although everyone now feels that medical kickbacks are also a kind of commercial bribery for hospital staff, the law does not clearly stipulate the doctors of such institutions, and now they feel that they cannot be punished. Therefore, the problem of doctors getting kickbacks cannot be solved. At present, some places are dealt with according to the crime of accepting bribes, but the sentence is relatively light. Generally, the sentence is suspended, but most of them are not investigated. They are handled in accordance with the violation. In the future, if Amend the "Criminal Law", if this is included, it will be more complete."

Another judicial guest also said that when he was investigating some cases, he felt that there were some legal obstacles. The current commercial bribery crimes have hidden means of committing crimes. For example, a company has long-term dealings with power departments. It’s not just to approve a project and check out a single bill, but a long-term one. Please go to the country this year and next year. When you retire, we will send you the consulting fee for asking you to be a consultant. Go up, this is a commercial bribery, but if you want to investigate and deal with it, you really can't hold it.

"This is a big problem. Although we know this is wrong, there is no legal basis to handle similar cases. We have to say that this is also a direct consequence of legislative corruption." Fan Wubing said.

After recording this episode, the employees of the Ziqi column said that they would take a photo with Fan Wuyin, and Fan Wuyin said, "Just go and have a meal together."

"Is this a commercial bribery?" Zi Qi asked.

"Of course not. There is no legal prohibition on normal human relations?" Fan Wubing replied with a smile, "Only those that are beyond the general scope and are purely for the purpose of monetary transactions are commercial bribery."

But everyone knows that after Mr. Fan invited guests to dinner ~lightnovelpub.net~, they all seemed very happy. From the director to the staff, they all came. There were a total of more than 20 people, found a good hotel, booked a room, and it was fully air-conditioned.

"Why have you been talking about legislative corruption and commercial bribery these days? Is it for some purpose?" Zi Qi asked Fan Wuyao during the meal.

Fan Wubing was drinking, and he replied, "It must be a purpose, because the domestic commercial bribery phenomenon has been very serious in recent times. Even companies like the FANS club can feel the huge commercial bribery brought about by it. The pressure has led to a decline in performance and a sharp drop in revenue. As for ordinary formal enterprises, it is even more difficult, especially in some sensitive industries. If commercial bribery is not pursued, there is really no way to survive."

After listening to Fan Wubing’s words, a director next to him interrupted and said, “Yes, recently I heard that there are some agency companies in Beijing that specialize in helping people open up joints and collect money from companies. Then obtaining a government procurement license through your own network is nothing more than collecting money to do things."

"Is there such a thing?" Zi Qi was very surprised after hearing this.

Fan Wuyao nodded. He had heard of this kind of public relations company a long time ago, but he didn't expect it to be made public now.