The first time it was clear! The monitoring committee paid close attention to corruption and medical supervision was focused on

Medical Network May 2 hearing for the first time clear! The monitoring board has paid attention to corruption and the medical field has become a key monitoring area.

Since March, at least 26 public officials of the medical institutions have been handled by the Public Prosecutor's Office and tried by the courts. They all involved corruption and bribery without exception. It can be seen that the monopolistic medical system is the worst-hit area for corruption.

Recently, the Internet has spread a version of the "Regulations of the National Supervisory Commission (Trial)" issued by the State Commission of the Central Commission for Discipline Inspection. Among them, corruption crimes are at the top.

The regulations set out the crimes of six categories of 88 duty crimes under the jurisdiction of the State Regulatory Commission. Among them, only corruption and bribery crimes involve 24 criminal law provisions and 17 counts.

Chapter 15 of Chapter 3 of the Supervision Law stipulates that the supervisory authority shall monitor six categories of objects, and the fourth shall be those who are engaged in the management of public education, scientific research, culture, medical and health, sports, etc.

At this year's two sessions of the National Committee, Yang Xiaodu, member of the Political Bureau of the CPC Central Committee, deputy secretary of the Central Commission for Discipline Inspection, and director of the National Supervision Commission pointed out that from a practical point of view, the monitoring committee only increased 10% of the people but increased its work target by more than 200%.

He explained that some public officials who used to exercise public power in the past were still in the blank area of ​​supervision. This time they all covered the scope of supervision.

The data on the website of the Central Inspection Commission also shows that before the reform, the number of administrative supervision personnel in Zhejiang Province was 383,000. After the reform, the number of national monitoring targets in the province was 701,000, an increase of 83%. The monitoring targets in Beijing and Shanxi also increased substantially.

It can be said that the monitoring scope of the inspection committee has been greatly expanded, and the medical field with high corruption is undoubtedly on the list. Medical care is even under the same monitoring situation as energy, land, environment, and engineering.

Referring to "Civil Law People's Republic of China", public education, research, culture, health, sports and other units as the monitor object in management personnel, mainly the leadership of the unit's members and their branches, as well as the unit and national staff in their offices, for example, public school principals, vice principals, dean of research institutes, director, public hospital Dean, vice president, etc.

Public and private education, scientific research, culture, medical and health, sports and other middle and junior management personnel in units and their branches, including staff of management level 6 or above, other staff engaged in management matters related to powers; management, supervision of state-owned assets, etc. Persons working in important positions, including accountants, cashiers, procurement, and infrastructure personnel, are suspected of illegal duties and job-related crimes. The supervisory authority may investigate according to law.

In addition, it temporarily engages in management matters related to the powers and functions, including the bid evaluation committee established according to law, the negotiating team in competitive negotiation procurement, and the members of the inquiry group in inquiry procurement. Bidding In the bid evaluation or procurement activities of government procurement and other matters, the use of powers to perform duties illegally and duty-related crimes, the supervisory organs can also investigate according to law.

It can be seen that both the dean of the public hospital, the deputy dean, middle-level, grass-roots management personnel, and the negotiating team responsible for bidding and procurement are all under supervision.

This is undoubtedly a great shock for public medical institutions that rely on monopolistic resources for pharmaceutical companies to form an overwhelming advantage. For pharmaceutical companies, it is a good message for warming hearts. Those drug companies that are suffering from injustice and injustice are expected to be done.

The work of the State Supervision Committee, the Integrated Supervision Department, the National Bureau of Corruption Prevention, the Supreme People's Procuratorate General of Anti-Corruption and other departments, and the Central Commission for Discipline Inspection work together to carry out anti-corruption work under the direct leadership of the Party Central Committee.

Under the unified leadership of the Party Central Committee, the office of the National Commission and the Central Commission for Discipline Inspection will implement full supervision over all public officials who exercise public power.

Some commentators pointed out that the establishment of this unprecedented state institution indicates at some level that the anti-corruption struggle is overwhelming. This is also evident from the work of the local supervisory commission.

Recently, the Commission for Supervision of the Commission for Discipline Inspection of Fuyang City in Anhui Province issued a notice to require the completion of the registration of the entire city's supervisors before the end of April.

Fuyang City Commission for Discipline Inspection Commission scrutinized six types of monitoring targets, and designed the relevant elements into tables. Statistical classifications were made according to political status, job title, rank, industry, establishment, and post-retirement (retirement).

It can be said that the work of the Commission has absolute deterrent power against corrupt elements, both psychologically and practically.

On January 13, 2018, the 19th session of the Central Commission for Discipline Inspection released the second communique also stated that the anti-corruption struggle was overwhelming.

The publication stressed that the anti-corruption struggle insists on unimpeded areas, full coverage, zero-tolerance, insists on heavy deterrence, strong pressure, and long shock, persists in taking bribes and conducts bribery investigations, and focuses on investigating political problems and economic problems intertwined to form corruption cases of interest groups, and strives to resolve To select personnel, examine and supervise, resources development, financial credit and other key areas and key issues of corruption, strengthen anti-corruption international cooperation, deepen the root causes of both symptoms and problems, and build institutional mechanisms that cannot be refrained from corruption, cannot be corrupted, and do not want to rot.

At the same time, the Law on Supervision also stipulates that the Supervisory Committee shall perform supervision, investigation, and disposal of three duties in accordance with the law, and stipulates that the supervisory authority may take conversations, interrogate, inquire, inquire, freeze, search, retrieve, and seal when investigating duties in violation of laws and duties. Seizures, inspections, appraisals, liens and other measures ... guarantee that the supervisory authority can effectively perform the inspection function.

Optimism predicts that in the anti-corruption high pressure situation, corruption in the medical field will be severely punished.

Attachment: "Regulations on the Jurisdiction of the National Supervisory Commission (Trial)" (Internet) Statement on corruption and bribery crimes

Article 382 of the Criminal Law, Article 394, Article 271 (2), Article 183 (2)

The crime of corruption refers to the behavior of the state staff who uses their position to facilitate the misappropriation, stealing, fraudulent taking, or illegal possession of public property by other means.

1. If the amount of corruption is more than 30,000 yuan but less than 200,000 yuan, it is a 'larger amount' of the criminal law, and it shall be sentenced to three years imprisonment or criminal detention and a fine.

2. If the amount of corruption is between 10,000 yuan and 30,000 yuan, one of the following circumstances is a punishment: Regulation The “other heavier circumstances” are punished according to law and sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine:

(1) Corruption and disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief, epidemic prevention, social donations, etc.;

(2) Having been corrupted, taken bribes, embezzled public funds, disciplined, and administratively disqualified;

(3) has been criminally prosecuted for intentional crimes;

(4) The use of money for illegal activities;

(5) Refusing to explain the illicit money and goods to the ambition or refusing to cooperate with the recovery work, resulting in no recovery;

(6) Causes bad influence or other serious consequences.

3. If the amount of corruption is more than 200,000 yuan but less than 3 million yuan, it is a 'great amount' prescribed by the Criminal Law. It is punished according to law and sentenced to imprisonment of not less than three years but not more than ten years, and punishes or confiscates property.

4. The amount of corruption is in the range of 100,000 yuan to less than 200,000 yuan. In any of the above-mentioned 2 or 6 cases, it belongs to the 'other serious circumstances' stipulated in the Criminal Law, and is punished according to law for imprisonment of not less than three years but not more than 10 years, and a fine. Or confiscation of property.

5. If the amount of corruption is more than three million yuan, it is a 'significant amount of money' stipulated in the Criminal Law. It is sentenced to more than 10 years in prison, life imprisonment or death, and a fine or confiscation of property.

6. Corruption amounts to more than 1.5 million yuan but less than 3 million yuan. In any of the aforementioned 2 or 6 cases, it is a 'other special serious situation' stipulated in the Criminal Law. It is sentenced to more than 10 years in prison and life imprisonment. Or death penalty and fine or confiscation of property.

7. The amount of corruption is particularly large, the circumstances of the crime are particularly serious, the social influence is particularly bad, and if the country and the people’s interests suffer particularly heavy losses, the death penalty can be imposed.

Circumstances stipulated in the preceding regulations, but cases of self surrender, meritorious service, truthful confession of their own crimes, sincere penitence, active retreat, or avoidance of the occurrence of damages, etc., do not have to be implemented immediately, and can be sentenced to a two-year suspension.

In accordance with the circumstances stipulated in the first paragraph, the execution of the death penalty may be suspended for two years according to the circumstances of the crime. At the same time, the referee decides to be sentenced to life imprisonment after the expiration of two years at the expiration of his death sentence, and may not be commuted or parole.

Article 348 of the Criminal Law, Article 185, Paragraph 2

If a national staff member makes use of his postal convenience, if he misappropriates public funds for personal use or engages in illegal activities, or he misappropriates a large amount of public funds and conducts profit-making activities, or if the amount of misappropriated public funds is relatively large, if he fails to return for more than three months, he or she will misappropriate public funds. crime.

1. The misappropriation of public funds for personal use and illegal activities, if the amount is more than 30,000 yuan, shall be investigated for criminal responsibility for embezzlement of public funds.

2. If the amount of the embezzled public funds is more than three million yuan, it belongs to the 'great amount' of the provisions of the criminal law.

3. In any of the following circumstances, it is a 'serious situation' stipulated by the Criminal Law:

(1) The amount of the embezzled public funds is more than one million yuan;

(2) Misappropriation of disaster relief, rescue, flood prevention, special care, poverty alleviation, immigration, relief of specific funds, amounting to more than 500,000 yuan but less than 1 million yuan;

(3) The amount of embezzled public funds is not refundable, and the amount is more than 500,000 yuan but less than 1 million yuan;

(4) Other serious plots.

4. Misappropriation of public funds for personal use, profit-making activities or failure to return for more than three months, if the amount exceeds 50,000 yuan, is the 'larger amount' prescribed in the first paragraph of Article 384 of the Criminal Law.

5. If the amount is more than five million yuan, it is the 'great amount' prescribed in the first paragraph of Article 384 of the Criminal Law.

6. In any of the following circumstances, it falls under the "serious circumstances" of the first paragraph of Article 384 of the Criminal Law:

(1) The amount of misappropriated public funds is more than two million yuan;

(2) Misappropriate disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, relief of specific funds, amounting to more than 1 million yuan but less than 2 million yuan;

(3) The amount of embezzled public funds is not refundable, and the amount is more than 1 million yuan but less than 2 million yuan;

(4) Other serious plots.

Article 285, Article 388, Article 184, Article 2, Article 163, paragraph 3 of the Criminal Law.

The crime of bribery refers to the act of a state employee who uses his position for convenience to obtain the property of another person, or to illegally claim the property of others to seek benefits for others.

1. If the amount of bribery is more than 30,000 yuan but less than 200,000 yuan, it is the 'larger amount' prescribed by the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and a fine.

2. If the amount of bribery is between 10,000 yuan and less than 30,000 yuan and one of the following circumstances is a 'other heavier circumstances' stipulated in the Criminal Law, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine shall be imposed:

(1) Having been corrupted, bribed, misappropriated with public funds and subjected to party discipline and administrative sanctions;

(2) who had been criminally investigated for intentional crimes;

(3) The use of stolen money for illegal activities;

(4) To refuse to confess the illicit money and goods to go or refuse to cooperate with the recovery work, resulting in no recovery;

(5) Causes bad influence or other serious consequences.

(6) To solicit bribes many times;

(7) To seek improper interests for others, resulting in the loss of public property, the interests of the country and the people;

(8) To recruit for other people, adjust, and adjust.

3. If the amount of bribery is more than 200,000 yuan but less than 3 million yuan, it is a 'great amount' prescribed by the criminal law, and it is punished according to law and sentenced to imprisonment of not less than three years and not more than 10 years, and a penalty or confiscation of property.

4. If the amount of bribery is more than 100,000 yuan but less than 200,000 yuan, and there is one of the eight situations described in 2 above, it is a 'other serious situation' stipulated in the Criminal Law, and a sentence of imprisonment of not less than three years but not more than 10 years shall be imposed and a fine shall be imposed. Or confiscation of property.

5. If the amount of bribery is more than three million yuan, it is a 'significant amount' of the provisions of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death, and a fine or confiscation of property.

6. If the amount of bribery is more than 1.5 million yuan but less than 3 million yuan, and there is one of the 8 cases mentioned in 2 above, it is a 'other special serious situation' stipulated in the criminal law, and it is punished according to law and sentenced to 10 years of imprisonment or life imprisonment. Or death penalty and fine or confiscation of property.

7. The amount of bribery is particularly large, the circumstances of the crime are particularly serious, the social influence is particularly bad, and if the country and the people’s interests cause particularly serious losses, the death penalty can be imposed.

Circumstances stipulated in the preceding regulations, but cases of self surrender, meritorious service, truthful confession of their own crimes, sincere penitence, active retreat, or avoidance of the occurrence of damages, etc., do not have to be implemented immediately, and can be sentenced to a two-year suspension.

In accordance with the circumstances stipulated in the first paragraph, the execution of the death penalty may be suspended for two years according to the circumstances of the crime. At the same time, the referee decides to be sentenced to life imprisonment after the expiration of two years at the expiration of his death sentence, and shall not be commuted or parole.

Article 387 of the Criminal Law.

The crime of accepting bribery refers to the state organs, state-owned companies, enterprises, institutions, and people's organizations that obtain, illegally accept other people’s property, seek benefits for others, behave in a serious manner, or accept various names outside the account in secret transactions during economic transactions. The rebate, the act of fees.

1. The amount of bribery received by the unit is more than 100,000 yuan;

2. The amount of bribery received by the unit is less than 100,000 yuan, but has one of the following circumstances;

(1) Deliberately making things difficult for the relevant units and individuals to cause bad influence;

(2) Forcibly obtaining property;

(3) resulting in major losses to the interests of the country or society;

One of the 1988 articles of the Criminal Code.

The criteria for the application of conviction and sentencing for crimes of influence acceptance of bribery shall be implemented with reference to the provisions on the crime of accepting bribes.

Article 389 of the Criminal Code.

1. In order to seek improper interests, the bribery shall be paid to the national staff. If the amount is more than 30,000 yuan, the criminal liability shall be investigated for the crime of bribery.

2. Where the amount of bribery is between 10,000 yuan and 30,000 yuan and one of the following circumstances is met, the criminal liability shall be investigated for the crime of bribery:

(1) To pay bribes to more than three persons;

(2) Use illegal income for bribery;

(3) Obtaining promotion and adjustment through bribery;

(4) To have food, drug Those who are responsible for the supervision and management of safety, production safety, environmental protection, etc., pay bribes and commit illegal activities;

(5) Bringing bribes to judicial staff and affecting judicial justice;

(6) The amount of economic loss caused is between 500,000 yuan and 1 million yuan.

3. The crime of committing bribery, which has one of the following circumstances, falls under the "serious circumstances" of the criminal law:

(1) Bribery amounts to more than 1 million yuan but less than 5 million yuan;

(2) The bribery amount is more than RMB 500,000 but less than RMB 1 million, and has one of the circumstances specified in Items 1 to 5 of Paragraph 2 of Article 7 of this Explanation;

(3) Other serious plots.

4. In order to seek improper interests, the bribery of the national staff, resulting in economic losses in the amount of more than 1 million yuan but less than 5 million yuan, is a 'great loss of national interests' set out in the criminal law.

5. The crime of committing bribery, which has one of the following circumstances, falls under the provisions of the Criminal Law: The circumstances are particularly serious:

(1) The amount of bribery is more than 5 million yuan;

(2) The amount of bribery is more than 2.5 million yuan but less than 5 million yuan, and has one of the circumstances specified in the first item to the fifth item of the second paragraph of this Article 7;

(3) Other particularly serious plots.

6. In order to seek improper interests, the bribery of the national staff, resulting in economic losses amounting to more than five million yuan, is a 'special loss of national interest' as defined by the Criminal Law.

Article 390 of the Criminal Code.

In order to use the criteria for the application of conviction and sentencing for the crime of influencing bribery, the implementation of the provisions of this Interpretation on the crime of offering bribery shall be followed.

Article 391 of the Criminal Law.

The crime of bribery for the unit means that in order to seek unfair profit, it is granted to state organs, state-owned companies, enterprise , Institutions, people's organizations use property, or in economic transactions, in violation of state regulations, to give various types of rebates, fees and charges to the above-mentioned units.

If one of the following circumstances is suspected, the case shall be filed;

1. The amount of personal bribery is more than 100,000 yuan, and the amount of bribery of the unit is more than 200,000 yuan;

2. The amount of personal bribery is less than 100,000 yuan. The amount of bribery paid by the unit is between 100,000 yuan and less than 200,000 yuan, but it has one of the following circumstances:

(1) Bribery in pursuit of illegal interests;

(2) bribing more than three units;

(3) Making bribes to party and government agencies, judicial organs, and administrative law enforcement agencies;

(4) Caused major losses to the interests of the country or society.

Article 293 of the Criminal Law.

The introduction of bribery crime refers to the communication between the briber and the accepter, the integration of conditions, so that the bribery can achieve serious behavior.

1. Introduce individuals to pay bribes to the national staff, amounting to more than 20,000 yuan; Introducing units to bribe country-wide staff, amounting to more than 200,000 yuan;

2. Introduction The amount of bribery is not satisfied with the above criteria, but it has one of the following circumstances:

(1) Introduction of bribery in order for the briber to obtain an unlawful benefit;

(2) Introducing bribery more than 3 times or for more than 3 persons;

(3) Introduce bribery to party and government leaders, judicial staff, and administrative law enforcement personnel;

(4) Caused great losses in the interests of the country or society.

Article 393 of the Criminal Code.

The crime of bribery refers to the fact that companies, enterprises, institutions, institutions, and organizations pay bribes to seek improper interests, or violate state regulations, and give state employees a kickback, handling fee, and serious behavior.

Whoever is suspected of one of the following circumstances should be placed on record:

1. The bribery amount of the unit is more than 200,000 yuan;

2. The unit pays bribes for the purpose of seeking unfair benefits, amounting to more than 100,000 yuan but less than 200,000 yuan, but has one of the following circumstances:

(1) Bribery in pursuit of illegal interests;

(2) Paying more than 3 people;

(3) Giving bribes to party and government leaders, judicial staff, and administrative law enforcement personnel;

(4) Caused major losses to the interests of the country or society.

Article 295 of the Criminal Law.

The crime of a huge amount of property from unidentified sources is that the state’s staff members’ property or expenses clearly exceed the legitimate income, and the difference is huge, and I cannot explain the legality of the property.

If the source of the huge amount of property is unknown, and the amount is more than 300,000 yuan, the case shall be filed.

Article 295, paragraph 2 of the Criminal Law.

The concealment of foreign deposits is the act of a state employee who violates state regulations and deliberately conceals deposits not reported abroad.

Suspected of concealing overseas deposits, equivalent to RMB 300,000 or more, Xi'an filed the case.

Article 296 of the Criminal Law.

The crime of dividing the state-owned assets privately refers to the state organs, state-owned companies, enterprises, institutions, and people's organizations that, in violation of state regulations, collectively distribute the state-owned assets collectively to individuals in the name of the unit, which amounts to relatively large amounts.

Alleged privately divided state-owned assets with a cumulative amount of more than 100,000 yuan should be placed on file.

Article 290 of the Criminal Law.

The crime of confiscation of fines without possessions refers to the judicial organs. Administrative law enforcement agencies violate the state regulations and should hand over to the state confiscated property.

Allegedly secretly fined no property, the cumulative amount of more than 100,000 yuan, should be placed on file.

Article 163 of the Criminal Code.

The starting point for the amount of 'larger amount' in the crime of accepting bribes from non-state workers is based on the amount of the Supreme People's Court and the Supreme People's Procuratorate’s Interpretation of Several Issues Concerning the Application of Law in Criminal Cases of Corruption and Bribery. The standard prescribed double, five-fold execution.

Article 164 of the Criminal Code.

The starting point for the amount of 'larger amount' in the crime of bribery for non-state workers is based on the Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Criminal Cases of Corruption and Bribery,” Article VIII, Eighth The first paragraph of the standard on the amount of bribery provisions of the double implementation.

Article 164 of the Criminal Code.

Prosecution standards refer to the standards of bribery filing.