Medical device enterprises and employees engaged in commercial bribery on July 6, will suffer more severe punishment in the near future.
In June 2017, the financial and economic commission of the National People's Congress (NPC) and the commission organized a symposium to solicit opinions on the anti-unfair competition law (draft revision) (hereinafter referred to as the draft). This is seen as the first revision of the anti-unfair competition law in 24 years to the final stage, with the introduction of the new law pending.
Since 1993, the law of the People's Republic of China on anti-unfair competition has been implemented and contributed to the development of market economy. 20 over the years, however, the law has clearly can no longer meet the needs of economic development, such as obsolete content is narrow, lack of the terms and conditions, the executive fragmented and have different standards, penalties, such problems as too weak to highlight. The revision of the anti-unfair competition law is urgent.
One of the provisions that is urgently needed to be revised and almost certain to be amended is about commercial bribery.
In February 2017, the standing committee of the National People's Congress in the first instance and published the draft of the full text, visible, whether it is about the definition of commercial bribery, or about the briber punishment measures, there are a lot of changes.
The draft clearly increases the requirement that the operator may not bribe the other party or the third party that may affect the transaction. A change in the scope of the alleged bribery would result in a significant increase in the number of bribes.
"Draft" the new regulation, operator's staff use bribery seek trading opportunities for operators or competitive advantage, for the operator's behavior, shall be deemed as the operator unless there is evidence that bribery they belong to the individual behavior. One of the principles of the new revision, medical apparatus and instruments sales representatives of bribery, will also be considered is the corporate behavior of medical equipment enterprise, medical device companies is not only a sales representative will launch to be punished, and itself is not punished.
The anti-unfair competition law is compared with the content of the draft
Bribed obviously, for this behavior, the draft for the authority to investigate and punish ACTS of unfair competition, mainly industrial and commercial bureau greater administrative penalties, including medical equipment industry, the industry operators have bribery, after being investigated for industry and commerce, will face more severe punishment. Of course, there is also the increase in administrative penalty, and the bribes from medical device companies.
The cost of paying bribes will be higher
The upcoming revision of the law on unfair competition is of great importance to medical device enterprises and sales personnel from any point of view.
In the existing criminal law through revised for many times, but there is still a criminal liability "bribery, bribery" problem, the briber criminal responsibilities shall be affixed to bribery, first have to reach a certain amount of bribery, satisfy certain bribing a heavier.
The criminal law's determination of bribery crime has basic thresholds and limits. In real life, a lot of bribery actually does not reach the criminal accountability standard. However, the exchange of interests in the interests of bribery is the destruction of the market order of integrity and fair competition, which is harmful to the society.
And "anti-unfair competition law" to the administrative department for industry and commerce, is to reach into the power of administrative penalties bribery of punishment standard, through the lighter than administrative sanctions to give the briber certain disciplinary punishment.
In recent years, commercial and commercial bribery has not done much, but it has not been without, such as the following penalties for bribery of medical device companies:
In hefei, anhui province, May 25, 2017, industrial and commercial bureau to issue tickets, anhui is appropriate medical technology co., LTD. (the former hefei ren believed medical instrument co., LTD.) for the paid when selling medical equipment, the second people's hospital in hefei to Lou, vice President of the hospital with friends of cash 10000 yuan, and be based on "the anti-unfair competition law" to stop the illegal practice, administrative penalties and fines of up to 30000 yuan.
On May 19, 2016, in Shanghai for a penalty, market supervision and administration of Shanghai sheng alliance medical instrument co., LTD., in order to obtain medical equipment sales business to jiangyin city, jiangsu province people's hospital doctor Hu Mou gift value 2960 yuan, according to the anti-unfair competition law, the enterprise be confiscated illegal proceeds to 11898.27 yuan, and fined 50000 yuan.
In both cases, there were no more than 100,000 yuan in fines. If the same case was amended in the anti-unfair competition act, the fines would be at least 100,000 yuan, or more than one million yuan.
It is important to note that the cases in hefei, hefei city industrial and commercial bureau is in discussion with the judicial department learned that bribery YiXie enterprise exists, and then obtain a copy of bribery, the judgment to the court, and then verify the bribery of the enterprise. That is, the punishment is the result of the two departments of industry and commerce.
In recent years, information sharing and linkage law enforcement, such as business and justice, as well as with health and procuratorial organs, have become a new trend in recent years. The need for this kind of interconnection and collaboration, for the disarmed companies, means that more bribes are being found, administrative penalties or criminal accountability.
In addition to the pending revision of the law on unfair competition, once the new law comes out, business and commercial bribery and other unfair competition practices will also be a step further.
Can be expected that in the future, medical equipment enterprises and their sales representatives "with gold sales" environment will deteriorate further, bribery cost becomes higher, bribery penalty possibility also increased greatly.
