Legal analysis
Doctors accept red envelopes from non-state workers, and the specific punishment needs to be judged according to the specific situation. The object of infringement is the management system of the state on the job activities of the staff of companies, enterprises, non-state-owned institutions and other organizations. In the operating mechanism of market economy, companies, enterprises, institutions and other organizations, the latter such as education, scientific research, medical care, sports, publishing and other units play a very important role. Through their legitimate work activities, the staff of these units enable companies, enterprises and institutions to play a normal and outstanding role in the market economy system. Therefore, relevant laws regulate the work activities of staff in these units and establish a clear management system. Bribery of relevant personnel is a direct violation of this management system, leading to corruption in the management of companies, enterprises and institutions, damaging the fundamental interests of companies, enterprises and institutions and undermining the normal trading order of fair competition in the socialist market. Objectively speaking, taking advantage of his position to ask for or illegally accept other people's property and seek benefits for others is a large amount of behavior. Taking advantage of his position is an important objective factor of this crime, which means that companies, enterprises, institutions and other organizations, as well as the staff of the latter, such as the staff of education, scientific research, medical care, sports, publishing and other units, use their own authority to organize, lead, supervise and manage, as well as the convenience related to the above authority. Asking for other people's property refers to the act of taking advantage of the convenience of organization, leadership, supervision and management to ask for property from the trustee the actor wants. Illegal acceptance of other people's property refers to taking advantage of the convenience of organization, leadership, supervision and management to work for the trustee and actively accepting the property given by the trustee. Seeking benefits for others means that the actor asks for or accepts other people's property, and takes advantage of his position or promises to realize certain benefits for others. Whether the interests are legal or illegal and whether the interests have been obtained will not affect the establishment of this crime. A large amount is a bribe, that is, a large amount of property. A large amount of bribes constitutes a completed crime.
legal ground
Article 163 of the Criminal Law of People's Republic of China (PRC), any employee of a company, enterprise or other unit who, by taking advantage of his position, extorts or illegally accepts other people's property and seeks benefits for others, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined. Employees of companies, enterprises or other units who take advantage of their positions in economic exchanges and accept kickbacks and service fees in various names in violation of state regulations, which are owned by individuals, shall be punished in accordance with the provisions of the preceding paragraph. Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Articles 385 and 386 of this Law.