医生能否成为商业受贿的犯罪主体

刑法修正案（六）颁行实施以来,人们普遍认为这就是针对商业贿赂而为,是医生拿回扣构成犯罪的法律依据。然而,通过对公司、企业人员受贿罪和受贿罪的深入仔细地分析发现,国有医疗机构的普通医生并不构成其犯罪主体,医生收受回扣就是受贿的观点有违罪刑法定的原则精神。

Could Doctors Become the Crime Subject of Commercial Bribery

The recently implemented Sixth Amendment of the Criminal Law is believed by most people to be aimed at commercial bribery and to constitute the legal basis for finding doctors getting kickbacks guilty of a crime.However,an in-depth and careful analysis of the companies,enterprises and personnel accepting bribes shows that state-owned medical institutions and their doctors are not significantly involved in bribery.The view that doctors accepting kickbacks is a form of bribery is contrary to the spirit of the...