Legal analysis: medical institutions can accept the donation of medical equipment without commercial purposes, even if there is a commercial purpose, there are bundled sales and other behavior, due to the new anti-unfair competition law will be redefined as commercial bribery, the donation of equipment and did not bribe other units or individuals, but rather, directly to the medical equipment to the counterparty (i.e., the medical institution), and thus does not constitute commercial bribery; medical institutions can conditionally accept the donation of medical equipment, medical institutions in line with the relevant laws and regulations, under the conditions of the donation of medical equipment.
Legal basis: "health units to accept donations for public welfare (for trial implementation)" Article 4 determines the health units to accept donations should follow the principles: (a) compliance with national laws and regulations; (b) voluntary gratuitous; (c) in line with the purpose of the public welfare; (d) non-profit; (e) legal entities to accept and manage the unity of the legal unit; (f) thrift and frugality, pay attention to the practical effect; (g) Information disclosure and strengthened supervision. Among them, "voluntary gratuitous" is the core principle of donation, the requirements of the donation shall not be attached to the conditions affecting fair competition, shall not accept the donation of financial support and procurement of goods linked.