How to determine the pharmaceutical representative bribe?

In accordance with the provisions of Article 164 of the Criminal Law, in order to seek undue advantage, to give the company, enterprise or other units of the staff of the property, the amount of large, will constitute the crime of bribery of non-state staff. Article 4 of the Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Commercial Bribery of the two high committees stipulates that medical personnel in medical institutions, taking advantage of the convenience of their position in prescribing, illegally accepting property and possessions from the sellers of pharmaceutical products such as medicines, medical devices and medical sanitary materials in various names, and obtaining benefits for the sellers of pharmaceutical products in a larger amount, shall be convicted and punished for the crime of passive bribery of a non-state staff member in accordance with the provisions of Article 163 of the Criminal Law. The crime of passive bribery of non-state staff shall be penalized. A send a receive, which constitutes active and passive bribery. Therefore, to determine whether the medical representatives constitute the crime of bribery of non-state staff, the main investigation is: 1, whether to seek drug sales; 2, whether to give medical personnel property; 3, whether to give the property to the amount of standards, that is, to achieve the current public security organs to file a recourse standard provisions of more than 10,000 yuan. Seek to drug sales is indisputable, but the bribe promotion, in essence, is to improper means to gain a competitive advantage, contrary to the principle of fairness and impartiality, should be recognized as "seeking undue advantage". In addition, as hospital leaders and department heads with hospital administrators and medical workers double identity, if as a public hospital administrators, in the equipment or other bulk purchases of decision-making accepted the medical representatives of the property, the two sides will face a more serious levy on the state staff of the crime of bribery and acceptance of bribes of criminal responsibility.