Legal analysis: Yes, if a doctor prescribes as a medical practitioner and receives kickbacks, he or she shall be convicted of bribery of a non-state worker because he or she does not exercise the right to govern. If one accepts a request from another person to apply to a superior for the purchase of medical supplies, etc., and receives a kickback, it shall be criminalized as passive bribery because he or she exercises the right to govern.
Legal basis: The Criminal Law of the People's Republic of China Article 163 A staff member of a company, enterprise or other unit who takes advantage of the convenience of his position to ask for or illegally accept the property of another person, or who seeks to benefit another person, if the amount is large, he shall be sentenced to fixed-term imprisonment of less than five years, or detention; if the amount is huge, he shall be sentenced to fixed-term imprisonment of more than five years, and he may be sentenced to confiscation of property.