Translator：Jiang Wenyu

On the afternoon of September 1, 2023, the Criminal Department of Shanghai Landing Law Offices successfully held a special salon on criminal compliance in anti-corruption in the medical industry. The event invited six lawyers from LANDING to discuss legal issues and compliance practices in the field of anti-corruption in the medical industry, with the aim of promoting the healthy development of the healthcare industry. During the event, the lawyers expressed their opinions and discussed the path to compliance in the industry.

At the beginning of the event, the host, Zhang Ou, briefly introduced the theme and purpose of the salon, as well as the backgrounds and expertise of the lawyers. Following that, the six lawyers each provided in-depth interpretations and insights on different aspects of criminal compliance in anti-corruption in the medical industry.

The first speaker was Lawyer Pu Guiping, whose topic "The Three Core Elements Requiring 'Special Protection' in Pharmaceutical Bribery Cases." He pointed out that the focus of anti-corruption efforts in the medical industry is bribery, with the main charges being bribery and corruption, and the high-risk areas being medical devices, drugs, and consumables. The individuals involved are mainly administrative leaders and middle-level officials. Based on the current situation and the characteristics of such cases, lawyer services should focus on key elements such as pre-case consultation, control of admission of guilt and acceptance of punishment, and defense strategy design. He also emphasized that while we firmly support anti-corruption efforts in the medical industry, we should also avoid overcorrection.

The second speaker was Lawyer Ji Ming, who discussed the "Corruption" and "Anti-Corruption" in the medical aesthetics industry. Combining the recent regulatory efforts and documents in the medical aesthetics industry, she analyzed some high-risk issues in the industry from the perspectives of commission rebates in channel marketing, products from pharmaceutical manufacturers, and income of medical aesthetic doctors. She provided clear legal advice on how medical aesthetic institutions can establish compliant channels for customer acquisition, manage medical aesthetic products, and regulate income through transparent cooperation. She believed that strict regulation is an opportunity for medical aesthetic institutions to achieve compliant development, which can build trust among the public and lead to sustainable win-win outcomes. She suggested that medical aesthetic institutions can enhance their competitiveness through compliant operations, cooperation with sales teams, data management, financial and tax processes, and compliance with personal intellectual property rights of doctors.

The third speaker was Lawyer He Chunfeng, who focused on the response to academic promotion under the anti-corruption storm. Under the current anti-corruption storm, many academic conferences have been suspended or canceled. Lawyer He believed that academic exchanges are important and necessary, and should not be abandoned due to difficulties. She proposed that we should grasp the essence and constitutive elements of commercial bribery, avoid formal compliance in academic promotion, and shared effective substantive compliance solutions.

The fourth speaker was Lawyer Wang Ying, who provided suggestions on compliant management of distributors in the pharmaceutical industry from a legal perspective. She believed that distributors are an important means and channel for pharmaceutical promotion, and effective management of distributors can effectively reduce the risk of commercial bribery and enhance the safety of pharmaceutical companies. She also proposed a series of solutions.

The fifth speaker was Lawyer Tian Lei, who shared insights on internal anti-fraud investigations in medical enterprises. He discussed the organization and responsibilities of anti-fraud working groups, reporting, investigation, remedial measures, and penalties for fraudulent behavior within enterprises, providing strategies and approaches for internal anti-fraud investigations.

The final speaker was Lawyer Guo Lei, who provided practical suggestions on how enterprises can file anti-fraud accusations based on his experience in handling cases. He gave specific and feasible recommendations on selecting easily provable facts and charges, as well as the selection of accused individuals and charges.

The six lawyers' insightful sharing in this event provided valuable legal advice and practical guidance for compliance construction in the medical industry. Anti-corruption in the medical industry is only a means, and the goal is to improve our healthcare environment and provide better quality medical services to the public. We firmly believe that with the joint efforts of the entire society, anti-corruption efforts in the healthcare industry will achieve more significant results and provide better and safer medical services to the general public.

We would like to thank all the lawyers for their wonderful sharing and express our gratitude to the VJIEYAO platform for its strong support for this event. Let us work together to contribute to the healthy development of the healthcare industry and the creation of a fair and just social environment.