医院货物和服务采购中的企业刑事责任

Yuridika Pub Date : 2023-05-01 DOI:10.20473/ydk.v38i2.43674
Meity Ardiana, Adriano Adriano, Kurniadi Doni, Yulianto Yulianto
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引用次数: 1

摘要

采购商品和服务为政府的利益是驱动经济车轮的工具之一,以改善国民经济,创造人民的福利,提高人力资源的素质。然而,在货物和服务采购计划的实施中存在许多问题,例如超过限制的加价和被认为有问题的执法,这导致难以确定哪些管理人员应对货物和服务采购中的违规行为负责,因为企业的复杂管理形式使人怀疑企业被追究刑事责任和判刑的可能性。特别是在医院里,在每一个层次上,每一个履行职责和职能的主体都可以代表医院作为一个整体。本文讨论了主管、预算使用当局、采购委员会和/或项目执行者在医院采购货物和服务时所犯的违法行为的企业刑事责任。这项研究将回答院长和委员会在医院采购货物和服务时所犯的违法行为的刑事责任是什么,以及在医院采购货物和服务时所犯的违法行为对第三方的企业刑事责任是什么。使用的方法是定性的,使用的方法是法规,概念和案例。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Corporate Criminal Liability in Procurement of Goods and Services in Hospital
Procurement of goods and services for the benefit of the government is one of the tools to drive the wheels of economy in order to improve the national economy in order to create people's welfare and improve the quality of human resources. However, there are many problems in the implementation of the goods and services procurement program, such as mark-ups that exceeded the limit and law enforcement which was considered problematic, this resulted in the difficulty of determining which administrators were responsible for violations in the procurement of goods and services, given the complex form of management in a corporation that raises doubts about the possibility of the corporation to be held criminally liable and sentenced. Especially in hospitals which, at every level, every subject who carries out their duties and functions, can represent the hospital as a corporation. This article discusses corporate criminal responsibility for violations committed by Directors, Budget User Authorities, procurement committees and/or project executors in the procurement of goods and services in hospitals. This study will answer how is the criminal responsibility for violations committed by the Director and Committee in the procurement of goods and services at the Hospital and how is corporate criminal responsibility towards third parties for violations committed in the procurement of goods and services at the Hospital. The method used is qualitative and the approaches used are statute, conceptual, and case.
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来源期刊
CiteScore
0.40
自引率
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发文量
24
审稿时长
24 weeks
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