Chapter 1044 Commercial Bribery

According to Fan Wubing's intention. FANS Club quickly arranged for familiar media friends to interview the people involved in the video through formal channels. The funny thing is that the other party thought that it was their own performance or political achievements that attracted the attention of the media.

During the interview, everyone from individuals to companies and units cooperated very well. Several people were set up as typical cost units. In particular, the media, with the instruction of the FANS Club executives, specifically asked about the other party's work resume and emphasized the other party's formal employee status.

After the program was recorded, what was waiting was not the TV broadcast, but the court summons.

FANS Club formally filed a complaint against these people, the charges were commercial bribery and unfair competition, and submitted relevant video and audio evidence, as well as some involved amounts and product catalogs, etc., and also provided multiple witnesses.

This case immediately attracted a lot of attention in China, especially after the case was filed, the company involved immediately denied that the defendant was its employee, and the department involved also stated that the officials involved were temporary workers. Such an argument was indeed as Fan Wubing expected.

Next, FANS Club threw out the means it had prepared before. Immediately, public opinion was in an uproar, and people expressed indignation at the company and the department involved in the case for their irresponsibility.

This made things even more fun.

Finally, the company involved had to admit the facts and expressed its willingness to accept the court's ruling and punishment, and the heads of the departments involved had to accept the punishment. The people directly involved were sentenced to fixed-term imprisonment ranging from five to ten years.

As a result, the company's reputation was greatly damaged, and coupled with the craze of online media, it became notorious for a while, and the FANS club won a great victory in this case, which greatly deterred those companies that used despicable means to engage in unfair competition, and sales performance immediately rebounded significantly.

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

At present, the subject of the crime of commercial bribery is the staff of companies, enterprises or other units, which is not enough to cover the scope of the subjects of commercial bribery in social life. For example, the staff of public institutions in the fields of medical care, education, engineering construction, property rights transactions, etc. accept kickbacks, which is essentially commercial bribery. The criminal law does not clearly stipulate it, and it is impossible to punish the harmful behavior of its staff, so it affects the effect of combating such behavior.

Later, when he was interviewed by 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 it is very difficult to obtain evidence and investigate it now." Fan Wubing said.

Fan Wubing gave an example,

Xiao Mingqi is a doctor in a county hospital. In the past three years. He has been reporting the collective acceptance of kickbacks by doctors in his hospital until this year, the director of the county health bureau, the director of the county hospital, the director of the pharmacy department and five others were placed under double regulation. During the double regulation, the director of the health bureau and the director of the hospital successively confessed to the fact of kickbacks of 70,000 yuan and 80,000 yuan.

Then the inspectors found from the records of a bribery enterprise that it was not just the county hospital that received kickbacks. In the past year, in 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 directors from all over the province, were investigated and punished according to law, and the amount involved was more than 10 million yuan.

"I know this case. We did a program on CCTV at that time." The host Ziqi interrupted.

Fan Wubing nodded and replied, "There is indeed this film. In fact, from that film at that time, everyone saw more of the results. It was finally revealed to the world, but the process was really a very difficult process. It stands to reason that the whistleblower himself is a doctor, and he is also the director. There are very detailed records of drug purchases and kickbacks, and the evidence is clear. Why did it take so long? This is mainly a system problem."

Regarding the problem of drug kickbacks, it existed before, and it was after 1998. A large number of drug dealers come to the hospital and sell drugs to the dean, vice dean, vice dean in charge of drugs, secretary, director of pharmacy, pharmacy staff, doctors, etc. There are about seven or eight checkpoints to be cleared. Drug dealers have direct face-to-face contact with doctors, and the drugs used in various clinical systems basically include all kickback drugs. In the past, there were fewer varieties of kickback drugs, but after 1998, there were more. Therefore, doctors' prescriptions are basically kickback drugs. In the past, a prescription cost tens of yuan, but later it rose to hundreds or even thousands of yuan. Patients feel that they can't afford it. In fact, it's not that the drugs are expensive, but that the kickback phenomenon is more serious.

Because of the profit drive, doctors like to prescribe large prescriptions and over-treat. Some doctors can make five or six thousand a month.

Regarding this issue, everyone was confused at first and thought it was a new thing. Many deans also told doctors that doctors' salaries are relatively low, and it is reasonable to get some kickbacks to improve their own salaries through this channel.

In this way, there was nothing at first, but later on when the patient couldn't afford it, he didn't buy the medicine in the hospital for the prescriptions written by the doctor, but bought them all. And he started to criticize the hospital, thinking that the hospital was a rip-off. The hospital's outpatient clinic used to have 400 to 500 people a day, but now there are only about 100 people. The number of outpatients has decreased, and a large number of prescriptions have been lost.

"Doctor, rebates in hospitals are not a separate issue. In medicine, pharmaceutical manufacturers, drug manufacturers, even drug and food approval departments, price approval departments, drug dealers, hospital directors, and doctors have formed a A community of interests. This community of interests is a strong group in medical treatment. The common people who seek medical treatment must be a vulnerable group. If you want to punish such a community of interests, you must involve some powerful people and some party and government officials. This 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 interjected, "As for the issue of commercial bribery, we should say that there are laws to follow when it comes to investigating and handling cases. Now there is the Criminal Law, the Anti-Unfair Competition Law, and The "Interim Provisions on Strictly Prohibiting Commercial Bribery" issued by the Administration of Industry and Commerce in 1996 are all based on law, and the crimes stipulated in the "Criminal Law" are very specific. It should be said that there is a law to follow, but it is not that there is no law to follow. As we just mentioned, although everyone now feels that medical kickbacks are also a kind of commercial bribery, for hospital staff, the law does not clearly provide for doctors in such public institutions, and they feel that there is no way to punish them. Therefore, the problem of doctors taking kickbacks has never been solved. At present, some places treat it as a crime of bribery, but the sentences are relatively light. Generally, they are sentenced to probation, but most of them are not pursued and will be dealt with according to violations in the future. If the Criminal Code is revised and 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. Today's commercial bribery crimes have hidden methods. For example, a company has been dealing with the authorities for a long time and has It’s not just to approve one project and settle the bills one by one, but in the long term, I’ll ask you to go to China this year and next year. When you retire, I’ll give you the consulting fee for being a consultant. Go up, this is commercial bribery, but if you want to investigate and deal with it, you really can't get the handle.

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

After recording this episode of the program, the employees of Ziqi's column expressed their desire to take a photo with Fan Wubing, and Fan Wubing said, "Why don't we all go have a meal together."

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

"Of course not, the law does not prohibit normal human relations?" Fan Wubing replied with a smile, "Only those that go beyond the general category and are purely for the purpose of monetary transactions are commercial bribes."

However, everyone seemed very happy after knowing that Mr. Fan was inviting guests to dinner. Everyone from the director to the staff came. There were more than twenty people in total. They found a good hotel and booked a room with the air conditioner turned on.

"Why have you been talking about legislative corruption and commercial bribery recently? Is there some purpose?" Zi Qi asked Fan Wubing during the meal.

Fan Wubing was drinking. Hearing this, he replied, "There must be a purpose, because in recent times, the phenomenon of commercial bribery in China has been very serious. Even companies like FANS Club can feel the huge impact of commercial bribery." The pressure has led to a decline in performance and a sharp drop in income. As for ordinary formal enterprises, it is even more difficult, especially in some sensitive industries. If they do not engage in commercial bribery, there is really no way to survive. "

After hearing what Fan Wubing said, a director next to him interrupted, "Yes, I recently heard that there are some agencies here in the capital that specialize in helping people open their joints and collect money from companies. Then he obtains the government procurement license through his own network, which is nothing more than collecting money to do things.”

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

Fan Wubing nodded. He had heard of this kind of public relations company for a long time, but he didn't expect that it would become public now.