Chapter 1044 Commercial Bribery
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The FANS Club quickly arranged for familiar media friends to interview the people involved in the video through official channels, and the funny thing is that the other party thought that his performance or political achievements were amazing, which attracted the attention of the media.
During the interview, from the individual to the company and the unit were very cooperative, several people were set up as a typical unit of the unit, especially the media was instructed by the executives of the PCFANS club, especially asked about the other party's work history, especially emphasized the other party's official employee status.
After the program is recorded, it is not the broadcast of the TV station, but the summons of the court.
PCFANS Club formally filed a complaint against these people on charges of commercial bribery and unfair competition, and submitted relevant video and audio evidence, as well as some amounts of money involved and product catalogs, etc., and also provided a number of witnesses.
This case immediately attracted a lot of attention in China, especially after the case was filed, the company involved in the case immediately denied that the defendant was its own employee, and the department involved in the case also said that the officials involved in the case were temporary workers.
Next, the PCFANS club threw out the means that had been prepared before. Immediately, public opinion was in an uproar, and they expressed their indignation at the irresponsibility of the company and the department involved in the case.
All of a sudden, the fun is great.
In the end, the company involved in the case had to admit the facts and expressed its willingness to accept the court's ruling and punishment, while the person in charge of the department involved in the case also had to accept the punishment in disgrace, and the people 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, and the popularity of online media became notorious for a while, and the PCFANS Club's resounding victory in this case greatly deterred companies that used underhanded means to engage in unfair competition, and sales immediately rebounded sharply.
The subject of the crime of commercial bribery is an ordinary entity, and as long as it is for the purpose of seeking improper benefits, giving property to the staff of a company, enterprise or other unit may constitute the crime of commercial bribery.
For example, the acceptance of kickbacks by staff members in public institutions in the fields of medical care, education, engineering and construction, and property rights transactions is essentially an act of commercial bribery, and the Criminal Law is not clear about its provisions, and it is impossible to punish the harmful acts of its staff, so it affects the effectiveness of the crackdown on such acts.
Later, in an interview with CCTV's "Daily Financial Interview" column, Fan Wuxian also mentioned this.
"For example, the issue of pharmaceutical kickbacks, which the masses are most concerned about, is commercial bribery, but now it is very difficult to collect evidence and investigate and deal with it." Fan Wuxian said.
Fan Wuzhi gave an example, Xiao Mingqi was a doctor at a county hospital for the past three years. He had been reporting that doctors in his hospital had collectively received kickbacks, until this year, the director of the county's health bureau, the director of the county hospital, and the head of the pharmacy department, including five others, were arrested under shuanggui, during which the director of the health bureau and the director of the hospital confessed the fact that they had kickbacks of 70,000 yuan and 80,000 yuan.
Inspectors then found out from the records of a bribery company that the county hospital was not the only one receiving kickbacks. In the past year, more than 100 people, including more than 30 hospital presidents and vice presidents across the province, have been investigated and punished in accordance with the law in the special anti-commercial bribery campaign of the province's medical and health system, involving tens of millions of yuan.
"I know about this case, and we did a show on CCTV at that time." The host Ziqi interjected.
Fan Wuxian nodded and replied, "There is indeed this film, in fact, from the film at that time, everyone saw more of the results, and it was finally revealed to the world, but the real process is a very difficult process, it stands to reason that the whistleblower himself is a doctor, and he is also the director, like the medicine and kickbacks have very detailed records, and the evidence is clear, why does it take so long?" This is mainly a problem of the system. ”
As for the issue of drug rebates, it has existed before, and it has existed since 1998. A large number of drug dealers go to the hospital to give the president, vice president, vice president in charge of drugs, secretary, director of pharmacy, pharmacy staff, doctors, etc., a total of about seven to eight passes to be opened, drug dealers directly with doctors face-to-face contact, and the use of drugs in various clinical systems basically covers all the rebate drugs, in the past there were fewer varieties of rebate drugs, and after 1998 there were more of them, so the doctor's prescription was basically a rebate drug, and a prescription in the past was dozens of dollars. In the future, it will rise to hundreds or even thousands of yuan, so that patients feel that they can't afford it, in fact, it is not that the medicine is expensive, but that the rebate phenomenon is more serious.
Because of the profit-driven, doctors like to prescribe large prescriptions, and it is over-treatment, and some doctors can pay 5,000 or 6,000 a month.
Regarding this issue, everyone was at a loss at first, thinking that this was a new thing, and many deans also told doctors that the treatment of doctors was relatively low, and it was reasonable to engage in a little rebate and improve their own treatment through this way.
In this way, there was nothing at the beginning, and later he saw that the patient could not afford it, and the doctor prescribed it, and he did not buy the medicine in the hospital, but took it all out and bought it. In the past, there were 400 to 500 outpatient patients in the hospital every day, but then there were only about 100 people, the number of outpatient visits decreased, and the number of prescriptions outflowed a lot.
"Doctors, it is not a separate problem for hospitals to engage in kickbacks, in medicine, pharmaceutical manufacturers, drug manufacturers, and even drug and food approval departments, price approval departments, drug dealers, hospital presidents, doctors, they have formed a community of interests, this community of interests is a strong group in medical treatment, the common people see a doctor, it must be a vulnerable group, for such a community of interests, you have to punish, it will inevitably involve some magnates, some party and government officials, this category is relatively large, Therefore, it is quite difficult to punish. Fan Wuxian said to Ziqi.
One of the guests who participated in the interview interjected, "On the issue of commercial bribery, we should now say that there is a law to follow in terms of investigating and handling cases." At present, the Criminal Law, the Anti-Unfair Competition Law, and the Interim Provisions on the Strict Prohibition of Commercial Bribery promulgated by Industry and Commerce in 1996 are all legal basis, and the crimes stipulated in the Criminal Law are very specific. Another is what everyone just mentioned, although now everyone feels that pharmaceutical kickbacks are also a kind of commercial bribery to hospital staff, but for doctors in such public institutions, the law does not clearly stipulate, and now they feel that there is no basis for punishment. I felt that I didn't know where to start, so the problem of doctors getting kickbacks could not be solved. At present, some localities are dealing with the crime of accepting bribes, but the sentences are relatively light, and they are generally given suspended sentences, but most of them are not prosecuted, and they are all dealt with in accordance with violations. In the future, if the Criminal Law is amended and this is included, it will be more perfect. ”
Another guest from the judicial side also said that when he investigated and dealt with some cases, he felt that there were some legal obstacles, and now the crime of commercial bribery is hidden, for example, a long-term relationship between an enterprise and the power department, not just to approve a project, a single settlement, but a long-term, please go to the country this year, please go to the country next year, and when you retire, and then send the consulting fee for you as a consultant, this is commercial bribery, but if you want to investigate and deal with it, I really can't hold the handle.
"This is a big problem, although we know that this is wrong, but there is no legal basis to deal with similar cases, and it must be said that this is also a direct consequence of the legislation." Fan Wuxian said.
After recording this episode of the program, the employees of Ziqi's column said that they wanted to take a photo with Fan Wuxi, and Fan Wuxian said, "Let's just go and have a meal together." ”
"Is this a commercial bribe?" Ziqi asked.
"Of course not, and the law does not prohibit normal human relations?" Fan Wuxian replied with a smile, "Only the kind that goes beyond the general scope and is purely for the purpose of monetary transactions is commercial bribery." ”
However, everyone knew that after Mr. Fan invited guests to dinner, they all seemed very happy, from the choreographer to the staff. There were more than 20 people in total, found a good hotel, chartered a room, and the air conditioning was turned on full.
"Why have you been talking about legislation** and commercial bribery lately? Isn't there some purpose? During the meal, Ziqi asked Fan if he was sick.
Fan Wuxian was drinking, and when he heard this, he replied, "There must be a purpose, because in recent times, the phenomenon of commercial bribery in China has been very serious, and even enterprises like PCFANS Club can feel the huge pressure brought by commercial bribery, resulting in a decline in performance and a sharp decline in income. ”
After listening to Fan Wuxi's words, a director next to him interjected, "Yes, I recently heard that there are some agency companies here in the capital, which are specialized in helping people get through joints, collect money from enterprises, and then obtain government procurement licenses through their own networks, which is nothing more than collecting money to do things." ”
"Is there such a thing?" Ziqi was very surprised when she heard this.
Fan Wuxian nodded, he had heard of this kind of public relations company for a long time, but he didn't expect it to be public now.
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