Economic reference: how to make a "good law" in Chinese medicine

2017-12-21 economic reference

"Li ask for the act of traditional Chinese medicine of the National People's Congress draft proposal, there are only a few days went by, but related to the industry of traditional Chinese medicine still has some people think that has little to do with yourself, or worry about being blamed for advice." Chen qiguang, head of the Chinese academy of social sciences' national institute of traditional Chinese medicine, pointed out in an interview with the economic information daily.

Chen Jiguang growing up together with the new China, as a researcher at the Chinese academy of social sciences institute for economic research, since 2005, is engaged in the national social science fund project "the classics of traditional Chinese medicine research and translation project", the Chinese academy of social sciences major research project "state of the research of TCM cause related work, from the Angle of sociology, economics and so on has carried on the quite a lot of traditional Chinese medicine research. In the recent period, Chen qiguang actively organized the research group to contribute to the forthcoming TCM law.

He in an interview with the economic information daily, reporter, said the academy of state of the research group of traditional Chinese medicine believes that the current method of traditional Chinese medicine the draft text, to better the legislation of Chinese medicine and the principle of governing the country by constitution, failed to properly arrange "inheritance development good make good use of" the relationship between, not clearly show the protection and development of our country the traditional medicine of the Chinese nation stand firm and determination, which may in comparison with the traditional medicine international regulations to reveal real features advantages of traditional Chinese medicine in China.

His advice: "to prevent" combine traditional Chinese and western medicine "exclusion, overhead, and even replacing" equal emphasis on Chinese and western medicine ", this law shall be delete the contents of "combine traditional Chinese and western medicine", encourage western medicine each characteristics and advantages of traditional Chinese medicine, learn from each other and cooperate with each other."

Chen told the economic information daily that members of the China academy of social sciences' national institute of traditional Chinese medicine include zhang xiaomin, zhang nan, xing dongtian and ge liang, among other members. The proposal for the introduction of a draft of the Chinese medicine law, which is proposed by the member of the research group, is a comprehensive proposal.

The following contents are collected according to the report of the Chinese academy of social sciences' national institute of traditional Chinese medicine:

The research group believes that first, to promote the development of traditional Chinese medicine, the key is to make a "good law", and only "good law" can stand the historical test and international comparisons. Second, it is difficult to recognize the causes of serious problems in traditional Chinese medicine and its long-term existence. The traditional Chinese medicine law is not suitable for the historical mission. Third, the TCM law should have the courage and wisdom to solve the major problems affecting the healthy survival and sustainable development of traditional Chinese medicine.

Article 1 this law shall exclude the adverse effects of the old law of the industry

Since modern times, it has been influenced by western thought, and the policy of denying traditional Chinese medicine has occurred. The liberation of the ministry of health of individual leaders will be referred to as the "feudal" of traditional Chinese medicine, through concentrated study western medicine of traditional Chinese medicine and western medicine examination knowledge way deprived part of traditional Chinese medicine doctor qualified, thanks to the chairman MAO zedong decisive organization measures are taken in time, to remedy the situation. However, in retrospect of history and facts, there was no significant difference between some regulations of the law of practicing medicine at the end of the last century and the methods of combating Chinese medicine in the early days of the founding of new China. The number of Chinese medical practitioners from 1949 to 2009 has returned to the starting point (more than 270,000). The drug administration law basically manages traditional Chinese medicine according to western medicine's thought and standard. In the west, the key innovation pathway of traditional Chinese medicine is effectively blocked.

In fact, over the years the professional medical practitioners law and the pharmaceutical administration law (hereinafter referred to as the "reduced") is proved against according to its basic principle and law of development of traditional Chinese medicine to inherit and carry forward, to implement the constitution "the development of modern medicine and traditional Chinese medicine", implements the party and the country "and" Chinese and western medicine basic principle on work related to medicine and health care has a serious adverse effect. The traditional Chinese medicine law is not suitable for the historical mission. Therefore, the research group believes that "one of the main purposes and functions of the establishment of the state traditional Chinese medicine law is to exclude the adverse effects of these two laws on traditional Chinese medicine."

But the draft article 44 is expressed as "Chinese medicine management, did not make special provisions in this law, in accordance with the law of the People's Republic of China on medical practitioners law of practice", the pharmaceutical administration law of the People's Republic of China and other relevant laws and administrative regulations, the provisions of the ", so, unless the establishment of perfect method of traditional Chinese medicine, otherwise the "reduced" can also be a cliche, hampered by traditional Chinese medicine. Therefore, the research group recommends that article 44 be changed to "the management of traditional Chinese medicine, which has not been taken into account in this law and should be modified, supplemented and improved by legal procedures in light of the actual conditions."

Investigators believe that legislation of Chinese medicine should be associated with the principle of governing the country by constitution, to respect the national law, more explicit legislation purpose, suggest that the first began to increase "for the implementation of the" constitution of the People's Republic of China "about" the provisions of the development of modern medicine and traditional Chinese medicine '". Article 2 of the qualitative definition and expression of Chinese medicine should be more accurate, changed to "referred to in this traditional Chinese medicine, namely" the constitution of the People's Republic of China "mentioned in article 21 'traditional Chinese medicine. Is including the han nationality and minority medicine, every Chinese traditional medicine known collectively, is to reflect the Chinese nation awareness of life, health and disease, has a unique theoretical system and technical methods of medicine."

The system of physician access management should strengthen its binding force

The ministry of health issued the 52nd document of the ministry of health in February 2007. But many provinces have long delayed prevarication. The state administration of traditional Chinese medicine had to give special notice in May 2013, saying "make sure to start at the end of 2013". Therefore, the research group believes that the draft about the establishment conforms to characteristics and development needs of traditional Chinese medicine of doctor of traditional Chinese medicine, clinic access management system "the significant improvements, can be carried out is still a big problem.

Suggestions in view of this, the research group, we should strengthen the binding, as provided by article 8 of and improve its maneuverability, add and modify the content include: first, to clear the "regular" held the inspection, this is very critical, otherwise may become a dead letter or "one hammer buying and selling"; Secondly, the examination and examination of traditional medicine teachers and doctors who do have the expertise will be divided into two levels: provincial, municipal, and municipal. Those who have obtained the qualification of TCM doctors should practice within the corresponding administrative divisions of the certificate authority. The flow should be approved by the competent department of Chinese medicine at the corresponding level. Do not set age, educational background and seniority limit for examinees, implement the principle of meritocracy.

"To be effective, the state must establish a system of recognition and recognition of the results of education and its staff." Investigators suggest, amend the article 26 to "national development and education of traditional Chinese medicine shicheng, encourage the doctor of traditional Chinese medicine, Chinese medicine professional and technical personnel in the practice, business activities DaiTu knowledge, teach them methods of traditional Chinese medicine theory and technology. As an effective way to train Chinese medicine professionals, the state has formulated measures to recognize and identify the achievements and personnel of education.

Suggestion 3: encourage Chinese and western medicine to "cooperate" instead of "union"

Our common regardless of Chinese and western medicine are two different knowledge theory and method system of facts, borrow the name of "combine traditional Chinese and western medicine", substantial by mixing two kinds of medicine of Chinese and western medicine means the phenomenon of organizations and individuals to seek the fame and wealth, and long term is not correct. The research group believes that such "combination of Chinese and western medicine", if not corrected, will lead to deconstruction and death of traditional Chinese medicine. Medical service is a matter of public health and life security, national regulation must help ensure that daily services provided by the medical institutions with professional and reliable quality, rather than acquiesce in medical institutions and medical personnel impotence, as at will.

To prevent use "combine traditional Chinese and western medicine" exclusion, overhead, and even replace "and" Chinese and western medicine, investigators suggest that the expression of article 3 is revised as follows: "the cause of Chinese medicine is an important part of medicine and health care enterprise in our country, to give full play to the role of traditional Chinese medicine. The state adopts the principle of integrated TCM and western medicine, and encourages TCM western medicine to give full play to its characteristics and advantages, ensuring the professional level and reliable quality of medical services. Encourage Chinese and western medicine practitioners to learn from each other and between the traditional medicine personnel of ethnic minorities, public institutions and private private institutions. Qualified institutions can carry out academic and scientific research work combining Chinese and western medicine. It is recommended to delete the content of "integrated Chinese and western medicine".

In view of traditional Chinese medicine and western medicine and their own law of development of the basic principle of distinction, and the han nationality and ethnic minorities traditional medicine of traditional Chinese medicine may's stage of development level and different, therefore, research group proposed to article 3 of the "accord with the characteristics of traditional Chinese medicine management system", is changed to "considering national and different situation, according to the different stages, and the development level of regional characteristics, set up in conformity with the principle, rule and characteristics of traditional Chinese medicine management system".

Except for general practitioner qualification and outside the general workers for jobs, all with traditional Chinese medicine and western medicine in medical prescription lawmakers must have a combination of Chinese medicine and western medicine of two types of legal qualification, otherwise it is illegal.

Specific to "the development of traditional Chinese medicine (TCM)", investigators suggest that the increase in article 16 of the "national" Chinese medicine pharmacopoeia ", according to the basic principle of traditional Chinese medicine and its own rules for medicinal materials, the dosage of human diseases and quality standards, standards and methods to use."

Jian yan iv: increase the protection of traditional Chinese medicine

It is not enough to develop the traditional Chinese medicine industry, and it is not enough to protect the traditional Chinese medicine. Only on the basis of protection can we talk about inheritance and development. Suggestions, so the research group of article 4 of the "the state supports international cooperation of Chinese medicine" in the expression, changed to "countries on the basis of protecting the rights and interests of Chinese medicine support TCM external cooperation, actively participate in and guide the establishment of the international standard system of Chinese medicine, promote international spread and application of traditional Chinese medicine." In addition, the provisions of article 16 of the relevant provisions of the daoist medicinal materials should increase the protection of ecological environment in the construction of traditional Chinese medicinal materials.

In addition to emphasizing the inheritance of traditional Chinese medicine, the emphasis on its protection should also be intensified. Investigators suggested adding: "the minority areas of the people's governments at various levels to the rescue, protection, inheritance and utilization and development of traditional minority medicine, especially no or lack of text, image data recorded in the minority nationality traditional medicine rescue, protection, inheritance and the use and development as an important work to grasp. This work should be regarded as the main assessment of the administrative departments of traditional Chinese medicine (ethnic medicine).

Increasing the protection of traditional Chinese medicine means that "increasing the punishment for interfering with the behavior of traditional Chinese medicine" should also be a part of the problem. Investigators suggest that, in the sixth chapter "safeguard measures", namely the increase of article 33 of the former one: "national security agencies and practitioners of traditional Chinese medicine in accordance with the legal rights and interests of the state laws and regulations to carry out the work of Chinese medicine, for interference, destroy the legal work of traditional Chinese medicine and the illegal action of the reputation, personal and economic loss caused shall be investigated for legal responsibility."