Huize of Yunnan: 4 great reasons initiate the systematic crime by taking advantage of duty of the health care
"At present, it is difficult to see the doctor, the expenses for medicine are expensive, as everyone knows, many people say with feeling ' do not dare to fall ill, scorn for disease ',all these relate to crime by taking advantage of duty of the health care field!" Recently, the procuratorate of Yunnan Province Huize county combined and did the condition of details of the case in recent years, carried on a special survey to the crime by taking advantage of duty of the health care system, the investigation finds, from 2008 to first half of 2011, the procuratorate of Huize county places on file and investigates 9 piece 9 people of systematic post crime case of medical treatment together, retrieve more than 1,200,000 yuan economic losses for the country. Handle a case the public procurator points out, the post criminal offence of the system staff members of the health care often leads to the fact quality such as medical project, apparatus and medicines drop, the price of medicines is timid and high, see the doctor and bear after aggravating ordinary people, has upset normal market order and medical and health management order seriously. Medicines and medical equipment are purchased into several characteristics that this survey report of severely afflicated area has summarized the crime by taking advantage of duty of domain of health care: Pluralism of subject of crime. In among the medical workers investigated and prosecuted, involve health bureau 1 of chief, at the basic level 6, president of health clinics in towns and townships, 1 section chief of drug and equipment section of the hospital, 1 head of the department, personnel concerning the case have high and low post and rank, present the trend spread to person in charge even general staff member of the department by the leading cadre. Suspected of being involved in the charge to simplify. The health care domain post crime case which this institute investigates in recent years, it is comparatively single to suspected of being involved in the charge, 9 component 9 per persons are the crime of accepting bribes, most of defendants take advantage of one's position and take formal briberies such as sharing out bonus, commission,etc.. Crime means are diversified. Because the medical and health field involves medicines names more, the quantity is greater, the situation is complicated, so crime by taking advantage of duty a plurality of link in field this have, take place, high to send link, concentrate on medicines and medical equipment purchase link, the intersection of project and the intersection of capital construction and link,etc. mainly. Among them medicines and medical equipment account for nearly 89% to purchase links. Defendant's crime has diversified means, adopt way of getting commissions, withdrawing the percentage point, collecting or asking for the cash directly etc. to accept bribes without restraint, the phenomenon of making money-power deal is rampant. The criminal offence is concealed and melted. Compared with other crimes by taking advantage of duty, the crime by taking advantage of duty in the health care system has disguise even more. The bribee exploits one's office, promote personnel or medical representatives and discuss the good commission proportion with medicine privately, fulfill and select to fulfill fixedly or irregularly by way of cash, transferring accounts,etc. in non- public place, non-working time actually, but not have any display on the financial account, give and handle a case to investigate and collect evidence the work brings very great difficulty. Bribe the way bull. The bribery behavior taking place in the health care system is intricate, a person exists to bribe many people, many people bribe one, and the phenomenon of crossing each other. This is planted " the bull is bribed ' " Way,unless once it happen, through searching for by following the clues,often one persons of personnels manies of hospital can " totally exterminate " . One president of commune hospital of town of sea charters some, Vice President Yang's bribery case as this institute investigates in 2009 person, president, Vice President were knocked off at the same time by one pharmacist. 4 kinds of reasons lead to the fact the case high to take place a public procurator and summarize the reason which initiates the systematic crime by taking advantage of duty of the health care, nothing more than the following 4: First, the medical trade is unstandard in competition. At present, the medical trade of our country develops at full speed, more than 7000 home since 500 20 years ago were increased sharply of manufacturing enterprise of medicines, the supply of medicines, apparatus exceeds the demand, the competition is fierce. Because the hospital is a main buyer of medicines, driven by the economic benefits, a lot of units producing medicines and medical equipment regard bribing as the essential business means, link marketing personnel's salary, bonus and personal sales amount directly, cause marketing personnel to adopt improper means such as great amount of commission,etc. to promote, cause the medical market to be disorder, the wind of commission prevails. Second, the medical mechanism of management is unreasonable. The medical health organ of our country belongs to the state-run public institution mostly, the government allocates funds to generally only account for 10% of the funds of the whole year of hospital. For a long time, such incomes as the medical organization can only rely on income and high-new apparatus which sells medicines to check, treat survive, form " raise medicine with medicine " Situation,this certainly will offer for crime by taking advantage of duty implemented in the form of commission of medicines,etc. breed soil. Third, internal supervision mechanism is imperfect. By the look of case investigated and prosecuted, the units involved in the case have mostly pursued the economic benefits simply, not paying attention to the perfecting of internal supervision and restraint mechanism, especially the one that neglected to leader and middle level cadre was managed and supervised, responsibility is indeterminate, " leader " Power undue concentration,is it effective to lack supervision and restraint mechanism it is democratic, cause personnel concerning the case not to be gone all out with by power-money dealt, go on the crime road. Four legal education is not deepened. Most of personnel concerning the case of domain of health care possess certain professional knowledge, but their concept of the rule of law is thin, some regard medical commission as the labor service income, not knowing, this is the property of the crime of accepting bribes; Some hearts store by sheer good luck, thinks medical commission is the ubiquitous phenomenon, the law does not punish everybody, even regard this kind of transaction as the professional etiquette, fall over each other to imitate, and then demand bribery openly. If this county goes towards director Zhao of pediatrics in the car town commune hospital, when the pharmacist finds him to mention the medicines plan of the newspaper has commission for the first time, he not only no silk is watched out for and nervous, " secretly pleased " in the heart instead ,Think that met a great opportunity of getting rich at last by oneself. Within two years, he takes even asks for various " expenses " directly unprincipledly Nearly 150,000 yuan, obtain punishment for five and a half years finally. Precautionary measures Carry out " entry system of clean government of the trade " . While engaged in supplying, participating in bid in medical treatmenting, to bribing the firm prohibition " entry " of the crime mislead ; Hygiene responsible institution must strengthen, get commissions the punishing of the issue to medical the intersection of system and staff member, as to suspected of being involved in to must transfer judicial authority to, punish crime by taking advantage of duty already; As to not still forming the medical worker committing crime, besides recovering its illegal income, also look at its seriousness of the case, merit corresponding punishment. Improve medical equipment, medicines and bid and purchase the system, purchase funds and pay and examine and approve links clearly, purchase the behavior, guarantee to purchase the activity to disclose justly, stop operating secretly in norm; Want, choose standard of choosing the right person strictly, people imprison, must supervise, examine strictly to key the intersection of post and personnel work well, and implement the fixed systems of sentry. The procuratorial organ should insist on the systematic crime by taking advantage of duty of the health care " Hit and defend combining " ,Accomplish " handle a case, a film of education " ; Hygiene administration, pharmaceuticals administration department must take charge of the shoe responsibility, manage strictly conscientiously, supervise strictly; The discipline inspection commission of Party Committee that the concrete health care is unit must contribute, dares to pay special attention to daring to manage, personnel, incident, behavior of violating discipline to our unit, educate strictly, deal with strictly, encourage honesty with the straight wind.
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