In one thousand, Chinese medicine will meet first national laws

Time: 2016-01-05

Source: the legal daily

Author: ning-ning zhu Zhu Lin

Making more than 30 years of legislation of Chinese medicine, finally usher in a node.

The draft on December 21, 2015, the method of traditional Chinese medicine to the 18th session of the twelfth session of the standing committee of the National People's Congress for the first time for consideration. Once the law have voted, will be born in China's first law of traditional Chinese medicine.

In the face of a variety of difficulties in the development of Chinese medicine, a law can make the ills "problem"? How to make the method of traditional Chinese medicine as a stand, to work, practical work of law? How to set up in accordance with the characteristics of Chinese medicine practitioners of traditional Chinese medicine doctor system, management system, education system, shicheng system of traditional knowledge protection?

More than 30 years, various disputes about the legislation of Chinese medicine, game never stops. This is intended to solve the draft development plight of Chinese medicine, and controversy.

1 the doctor of traditional Chinese medicine regression of

Culture has a long history of traditional Chinese medicine, Chinese medicine buttoned case.

Former state pharmacopoeia committee of proprietary Chinese medicine group leader, five national progress prize in science RanShi seventh generation descendant RanXiaoFeng told the legal daily reporters: "at the beginning of the republic of China yuan, encounter the heavy disease, father applying the theory of traditional display method, treatment of epidemics. Against" SARS "in 2003, Chinese medicine has play a decisive role. This shows that Chinese medicine in the treatment of social public health, etc."

However, do face many development plight of Chinese medicine in China.

In 2001, according to data, Chinese herbal medicine in our country exports to $560 million, accounted for just 3.6% of the $16 billion in the international market. Last year, the proportion has dropped to 2%, gap is widening.

Japan, South Korea, India, Thailand, the traditional Chinese medicine has developed rapidly, is the trend of "four points", the doctor of traditional Chinese medicine industry development in China is facing a lot of pressure.

Nationwide, the development of medical institutions of traditional Chinese medicine very unequal, hospital number is far less than Seattle grace mercy west hospital, regional hospital scale difference obvious, many hospital clinic of traditional Chinese medicine is not set, the general hospital of regions MenZhenLiang accounted for only 8% of the total.

RanXiaoFeng said, now, countries should vigorously support traditional Chinese medicine, under the guidance of the law to follow the ancient philosophy and the theory of the Chinese in one thousand, paving the way for clinical bold move forward, to make the Chinese medicine.

"The people demand for traditional Chinese medicine and traditional Chinese medicine culture should get a response, the legislation to clear the position and role of Chinese medicine, the escort, to the development of traditional Chinese medicine and western medicine are all in the same starting line, learn from each other, common development, but not repel each other." The standing committee of the National People's Congress Long Chao cloud proposal, law to form a complete set of policy support, services, personnel training, etc to give strong support and promote.

2 the viewpoints to protect

In view of the protection of TCM traditional knowledge, the draft regulations, national protection of traditional knowledge of traditional Chinese medicine. Traditional knowledge holders of traditional Chinese medicine for its holdings of TCM traditional knowledge shall have the right to inheritance use, for others to obtain and make use of its holdings of TCM traditional knowledge right informed consent and benefit sharing, etc.

"Don't protect trouble." Be responsible for the protection list compiled by the National People's Congress on behalf of the Chinese academy of sciences, Chinese academy of sciences, in traditional Chinese medicine, zhang bl, points out that the viewpoints of protection in China is very urgent, India, Egypt and other countries have set up a protection system already, but not in China. "Chinese medicine traditional knowledge protection system must be established, the establishment of traditional Chinese medicine knowledge database and protect directory, invention creation, science and technology, the core of traditional Chinese medicine (TCM) and the protection of intellectual property rights question should also make provision."

The concerns of the zhang bl anxiety is not redundant. In history, had been due to the lack of protection of traditional Chinese medicine prescription in our country is too big. Japan in the nightfall pill "kyushin pills" developed on the basis of annual sales of hundreds of millions of dollars. South Korea's "bezoar sedative liquid" derived from "bezoar sedative bolus" in our country, annual output value of nearly $one hundred million.

However, in our country, because a lot of traditional Chinese medicine the inventor's own lack of legal knowledge, they rarely take the initiative to get legal protection, this may cause a lot of ancestral secret recipe has been lost, or hidden, many old ancestral prescription of traditional Chinese medicine, would rather "closet", are reluctant to take risks.

"Correct dealing with the protection of intellectual property rights of traditional Chinese medicine, not only can regulate the domestic market, but also to international competition. It is not only beneficial to the health of billions of people, and for the Renaissance of traditional Chinese medicine career, development of international medical science and technology, will make a substantial contribution." RanXiaoFeng said.

"The key is to build a new varieties protection of traditional Chinese medicine database and directory." The standing committee of the National People's Congress hanon said, should be emphasized to implement various forms of intellectual property protection of traditional Chinese medicine.

3 the doctor of traditional Chinese medicine "disconnect"

Draft method of traditional Chinese medicine, according to the actual to inherited the way of study of traditional Chinese medicine and medicine does expertise personnel after years of practice, opened the skills through practice and effects the way of examination for the qualification of doctor of traditional Chinese medicine.

At the same time, considering the clinic of traditional Chinese medicine mainly physician sit there listening, asking and, service is simple, not like western medicine medical institutions need to be equipped with corresponding instruments and equipment, the draft will also clinic of traditional Chinese medicine by the current license management to put on record.

Nanjing university of Chinese medicine management, dean of the school of Tian Kan pointed out that at present, due to the present situation of higher medical colleges and universities of Chinese medicine education in China is not reasonable, makes some of the traditional knowledge essence of traditional Chinese medicine are in danger of inheritance "short", a draft to make the rules, the problem may be in a certain extent, alleviate the problem.

Draft "in TCM doctor qualification examination, reduce the threshold." Said Zhao Xiju director of shandong university of traditional Chinese medicine, Chinese medicine practitioners had been divided into two kinds, one kind is made in accordance with the provisions of the practice of medical practitioners law of traditional Chinese medicine doctors' qualifications and professional registered Chinese medicine practitioners, another kind is to learn many years do have expertise personnel. Who don't have to take part in the qualification exam, tested and approved by the practical skills and effects after qualification for the doctor of traditional Chinese medicine.

Chinese medicine science and secretary general of the organizing committee chun-chieh liu believes that the draft way to get the qualification will be expanded, this is very positive. This is mainly to take care of the people of relatively special education background, to avoid the medicine does expertise of personnel, for other reasons can not pass the examination of doctors' qualifications.

Qualification "of TCM, don't learn the way, as an exception, because in our country, more and more master train an apprentice phenomenon, especially in March, if according to western medicine qualification study and examination, this in itself is not suitable for traditional Chinese medicine, the only way to make shicheng pay equal attention to, can appear truly value." The standing committee of the National People's Congress Zheng Gongcheng said.

"Although the examination system more flexible, but it can't be born the inspection way." Chun-chieh liu pointed out that, because in the folk, a lot of doctor of traditional Chinese medicine study way is different, have a plenty of places widely worshipped masters, some teacher had died many years cannot verify, these cases are not comply with the provisions of the "inherited the years", but these people really have the ability to diagnosis and treatment of traditional Chinese medicine, if not be able to absorb these people come in, very unfortunately, propose legislation on be considered.

4 "poison" of traditional Chinese medicine (TCM)

At home, the side effects of traditional Chinese medicine (TCM) has been widely reviled. Because of various factors of heavy metal exceeds bid, many well-known Chinese herbal medicine is repeatedly blocked.

Approval of new drug of TCM question how to regulate? Must be consistent with the standards of western medicine? "If only claims to have independent of traditional Chinese medicine theory, the knowledge system, and don't accept the theory and methodology of modern medicine, behind closed doors" solo ", even if there is special legislation, also has no future." Medical lawyer liu believes that the side effects of traditional Chinese medicine (TCM) must accept modern medical expert appraisal, diagnosis and treatment of traditional Chinese medicine also must establish clear and generally accepted medical practice.

But for liu's point of view, there are also many different views.

The standing committee of the National People's Congress others said, to respect the curative effect of Chinese medicine after thousands of years of practical features and curative effect principle, to recognize the difference between the traditional Chinese medicine and chemical medicine, avoid using chemical medicine blindly standard to test and requirements of the Chinese traditional medicine, avoid blindly use of chemical medicine curative effect theory to explain the curative effect of traditional Chinese medicine theory. He suggests that countries should encourage and support the investigation, collecting folk is safe and effective traditional diagnostic techniques, prescription, Chinese herbal medicine and academic genre, and arrange them to improve and popularization and application.

"Law must be clear, the country should encourage and support of new drug development and production of Chinese medicine, and to establish conforms to the TCM characteristic and the law of its own standard of examination and approval, take the classification review." In zhang bl, it seems, has existed for thousands of years of traditional Chinese medicine, has a wealth of experience accumulated, there is no need to again after the mice experiment. "Japan and South Korea are now rules, as long as it is a classic square, it is using accepted on classics of TCM prescriptions of traditional Chinese medicine production of proprietary Chinese medicine, need according to the new drug approval, can produce directly, directly from clinical, toxicology, only do not do pharmacology. Because this is ancestor experimental drugs for thousands of years in the living body, proved to be safe and effective."

Zhang bl also recommends increased in law "to only use the traditional craft compound Chinese medicine preparation of medical institution, only need to obtain traditional formulation corresponding qualification". "Now, according to the traditional process preparations of Chinese medicine to also want to entrust a qualified mode, this mode will cost ten million yuan, examine and approve a preparation about hundreds of thousands of yuan, need a few years time, there is no necessary." Said zhang bl.

Five Chinese drugs

To improve the quality of Chinese medicinal materials, the draft regulations to encourage Chinese herbal medicine standardized farming, establishing evaluation system of Chinese medicinal materials, as well as supporting the authentic Chinese herbal medicine production base construction, traditional Chinese medicinal materials acquisition, storage, and raw. Organize regular Chinese medicinal materials quality monitoring, and publish monitoring results.

Chinese medicine exquisite Chinese drugs. "March wormwood Chen Siyue artemisia, may cut to the wood." As early as one thousand years ago, who sun simiao was revealed, not according to the time of picking Chinese medicinal materials, nominally, like rotten wood.

But in recent years, due to the natural conditions and the influence of soil and climate, many resources have been gradually dried up, some quality of medicinal materials of origin is endangered because of man-made looted.

Therefore, more and more artificial breeding of medicinal materials. One industry source said in common cordate houttuynia, for example, in the past its grow mainly in mountain springs of ditch stream without pollution, water decoction after drinking antifebrile immediate, while now h. cordata grown in applied fields for years, chemical fertilizers, and many are picked to first when selling vegetables, the remaining to take back to dry when selling, it don't have any effect. Even ill "medicine" to cure disease, efficacy of nature.

In fact, due to the origin, the soil has changed, more and more not authentic medicinal materials, chemical fertilizer, pesticide residue and heavy metal exceeds bid, let into the whirlpool of much more than h. cordata, liuwei dihuang pill, yunnan baiyao, Hansen four soups, etc., have been supportive. Frequent quality crisis production safety is a wake-up call for traditional Chinese medicine.

Since 2005, around the pesticide residue and heavy metal exceeds bid security standard, China has been with Japan, South Korea and other major importers to traditional Chinese medicine. And exported from the customs statistics in recent years, Chinese herbal medicine which PPP withhold the return, and become the biggest obstacle of Chinese exports.

, according to our country in the world now herbal accounted for only 2% of trading volumes, and South Korea, Japan accounted for 90% of the market. According to the China chamber of commerce, medicine and health products import products of traditional Chinese medicines are kept out of the importer in China is more than 60% fall in the "heavy metals, pesticide residues," such as green barriers, at present, China's traditional Chinese medicine (TCM) total exports accounted for only about 1% of the world plant medicine sales.

"See the traditional Chinese medicine is medicine and the two major aspects. We all know that Chinese traditional medicine cure of traditional Chinese medicine (TCM) in addition to have good, important is the quality of the medicinal materials better." Finance and economic committee of the National People's Congress Qian fang li pointed out that traditional Chinese medicine (TCM) in the course of processing the smoked sulfur, heavy metal exceeds bid, such as the layman cannot judge, which requires the management of the traditional Chinese medicine department to strengthen management and supervision over the quality of drugs.

To this, the National People's Congress standing committee zhen-wei liu suggested that strengthening the construction of the production of the traceability system, standardize the standardization of Chinese herbal medicine production, real pay special attention to the quality supervision in the whole process of the traditional Chinese medicine industry chain in accordance with the measures for the management of quality improvement and further innovation.

Chun-chieh liu believes that management system is in accordance with the standards of western medicine of traditional Chinese medicine to develop, Chinese and western medicine is very different, however, traditional Chinese medicine is compound medicine, different dosage, different quality of a material may be different for people in different physical effects, if only in accordance with the way of evaluation and management of traditional Chinese medicine, western medicine is obviously not scientific.

"To establish the standard of traditional Chinese medicine, in addition to the positive quality evaluation, also should be negative list, enhances the enterprise the sense of responsibility." Qian fang li suggested that should be unified for domestic and export standards of traditional Chinese medicine.