医药回扣是导致国内药品价格虚高的一个重要环节。医生利用处方权收受药品回扣数额较大已被定性为非国家工作人员受贿罪。然而,对于有行政职务的医生的受贿行为,以及科室集体受贿的定罪,仍存在争议。本文结合案例讨论医药购销领域商业贿赂的定罪及法律缺陷,以期进一步完善立法,增加法律威慑力,规范医疗系统的商业行为。 Medicare kickbacks are an important part of the domestic drug prices. Doctors use the prescription right to receive large amounts of drug rebates have been characterized as non-state staff bribery. However, there is still controversy over the bribe-taking of doctors with administrative positions and the collective bribery of departments. This article discusses the conviction and legal flaws of commercial bribery in the field of pharmaceutical purchase and sale with the view of cases, in order to further improve the legislation, increase the deterrent force of law and standardize the commercial behavior of the medical system.