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1999年9月初,枣庄市公平交易执法系统根据国家及省关于全面开展整顿医药购销不正之风的文件精神,对全市医药和医疗单位的经营情况进行检查。在检查中发现一些医疗机构在CT室、彩超室、磁共振室、高压氧仓等医疗仪器运营中,涉嫌利用给予医生开单费从检查单中提取报酬的方式进行不正当竞争。 案件事实查清后,在对案件的定性上,办案人员的意见出现了较大的分歧,分歧源自对“商业贿赂”法律概念的理解和商业赂贿行为主体资格的认定。
In early September 1999, Zaozhuang Fair Trade Law Enforcement System inspected the operation of the medical and medical units in the city according to the documentary state of the state and the province on the overall rectification of the unfriendly purchase and sale of pharmaceuticals. During the inspection, some medical institutions found that some unfair competitions were made in the operation of medical instruments such as CT room, color ultrasonography room, magnetic resonance room, hyperbaric oxygen chamber and other medical equipment operations by giving the doctor a billing fee for taking the remuneration from the check list. After ascertaining the facts of the case, the opinions of the investigators showed a great deal of disagreement on the qualitative aspects of the case. The disagreements came from the understanding of the legal concept of “commercial bribery” and the qualification of the main body of commercial bribery.