Study On The Health Law Of The Republic Of China

It is generally acknowledged that health legislation, including Traditional Chinese Medicine legislation, encompasses the laws, ordinances, directives, regulations and other similar legislative instruments that deal with all aspects of health protection and promotion, disease prevention, and delivery of health care. Study on the health legal system of the Republic of China is an important part of the research on today’s health legislation and Traditional Chinese Medicine legislation. Before the start of the research, we should get to know something about Traditional Chinese Medicine. It is generally accepted that the Chinese civilization is one of the oldest in the world, and the Traditional Chinese Medicine is the very precious treasure among the ancient Chinese culture. With a history of2000to3000years, Traditional Chinese Medicine has formed a unique system to diagnose and cure illness. In Traditional Chinese Medicine, the understanding of the human body is based on the holistic understanding of the universe as described in Chinese ancient philosophy, and the treatment of illness is based primarily on the diagnosis and differentiation of syndromes. The Traditional Chinese Medicine approach treats zang--fu organs as the core of the human body. Tissue and organs are connected through a network of channels and blood vessels inside human body. Qi (or Chi) acts as some kind of carrier of information that is expressed externally through jingluo system. Pathologically, a dysfunction of the zang-fu organs may be reflected on the body surface through the network, and meanwhile, diseases of body surface tissues may also affect their related zang or fu organs. Affected zang or fu organs may also influence each other through internal connections. Traditional Chinese medicine treatment starts with the analysis of the entire system, then focuses on the correction of pathological changes through readjusting the functions of the zang-fu organs. Evaluation of a syndrome not only includes the cause, mechanism, location, and nature of the disease, but also the confrontation between the pathogenic factor and body resistance. Treatment is not based only on the symptoms, but differentiation of syndromes. Therefore, those with an identical disease may be treated in different ways, and on the other hand, different diseases may result in the same syndrome and are treated in similar ways. The clinical diagnosis and treatment in Traditional Chinese Medicine are mainly based on the yin-yang and five elements theories. These theories apply the phenomena and laws of nature to the study of the physiological activities and pathological changes of the human body and its interrelationships. The typical Traditional Chinese Medicine therapies include acupuncture and herbal medicine. With acupuncture, treatment is accomplished by stimulating certain areas of the external body. Herbal medicine acts on zang-fu organs internally. Nowadays, many scientists believe that Chinese medicine is not only just a medical science, but a philosophy thought, rather than a pure science. If we say Chinese medicine is a science, then the science should be no national boundaries. Gradually, by the recognize of Traditional Chinese Medicine, more and more people, in different continents, have interest in Traditional Chinese Medicine, and meanwhile Traditional Chinese Medicine is walking on the way to all over the world. We can see the Traditional Chinese medicine’s traces on all continents. In a word, the Traditional Chinese Medicine is not only for China, but for all over the world. We should promote Chinese medicine into the world actively, with a lamp lit another lamp. Up to the present, the impact of the Traditional Chinese Medicine is far more than its own. It is a cultural which links East and West. Now, The Traditional Chinese Medicine goes to the world and the world embraces the Traditional Chinese Medicine.Nowadays, it is a very hot topic about legislation on Traditional Chinese Medicine. In Asia, it is more and more prosperous in Taiwan, Singapore, Japan, and South Korea. In Europe, many laws and regulations of acupuncture and Chinese herb medicine are enacted. In these countries, For example the United Kingdom, Germany, France and Italy, more and more people begin to choose Chinese medicine for treatment, and the import of Chinese herbal medicines could be amounted to273million U.S. dollars a year in whole Europe. In North America, with the gradual legalization of acupuncture, the Traditional Chinese Medicine in the United States shows a momentum of good development. In recent years, because the American public and the medical profession come to realize that Traditional Chinese medicine is safe and effective, more and more American people are willing to accept Chinese medicine treatment including acupuncture. In Canada, many regulations of acupuncture are also enacted. In other areas, there will be an emergence of a new era of legislation on Traditional Chinese Medicine, such as Australia and Africa. Generally speaking, legislation on Traditional Chinese Medicine is a tendency of the history development.This article consists of several different parts, such as literature outline, preface, pandect of health law of the Republic of China, specific provisions of health law of the Republic of China, merits and demerits of health law of the Republic of China, conclusions and references. Literature outline mainly focuses on the introduction of contemporary achievements of health law research. As we all known, every legal system has its development process. A deep study on this development history is essential for us to have a distinct and complete understanding of the specific legal system. Then we can work out and adjust the legal system correctly. Not make it consistent with the tendency of the development, but also fit the condition at Contemporary life. We, therefore, should pay great attention on the books and articles of the Chinese feudal medical administration. Preface mainly talks about paper’s significance, research innovations and methods. This study aims to fulfill the subject on health law and give the historical reference to today’s legislation on Traditional Chinese medicine and health. Innovations of this paper are mainly embodied in two aspects. As follow, studying legal system of the Republic of China on today’s scientific attitude and analysis of various health laws and regulations of the Republic of China deep. The paper gives us a background introduction of health law in the time of the Republic of China and consulting reference in order that we could provide reasonable academic recommendations to today’s health legislation and Traditional Chinese medicine legislation.Chapter one is the pandect which consists of four sections. Section one is how to define the health law of the Republic of China. In this section, the author claims, in the time of republic of China, only published by Provisional government, Beiyang government or Nanjing national government could the regulations be considered as law or national regulations. And these regulations which are related to human health could be defined as health law. Section two is the history of the health legislation of the Republic of China. In this section author gives a detailed analysis of development history of health legislation in the time of the Republic of China. Section three is the source of health law in the time of Republic of China. In this section, the author said there were five kinds of health law sources at that time. These are constitution, law, national government regulation, the departmental rule and the law which was enacted in Qing dynasty. Last section is the vicissitude of the central health administration of the Republic of China. In order to study on the health law of the Republic of China, we should pay special attention on legislative bodies at that time. We all know that the national health administration is one of the legislative bodies. Therefore, the vicissitude of the central health administration is worthy of thinking hard and deeply, although this process is very complicated.Chapter two is the first part of specific provisions of health law of the Republic of China, and five sections are included in this chapter. Section one is mainly introducing the legal systems of the health administration of the Republic of China. In this section author tell us, in the Republic of China, how the government set up all kinds of health administrations in detail. Section two is about the legal systems of the hospital in the Republic of China. From this section, we could get to know how the government set up and controlled all kinds of hospitals. Section three focuses on the legal systems of the medical personnel in the Republic of China. In this section, the writer is telling us how to become a medical worker, including not only the doctor and Traditional Chinese Medicine doctor but also the nurse and pharmacist, in the time of the Republic of China. To study doctor systems of the Republic of China, firstly we need to know the concepts of doctor and Traditional Chinese Medicine doctor. During the different periods of the Republic of China, these two concepts have different appellations. Vicissitude of the doctor systems in the Republic of China will be discussed in this section. Section four is about the legal systems of the drug administration. In this section author introduces how the national government controlled the medicine, drug, medical apparatus and biological product. Last section is about the legal systems of the infectious disease prevention and control. In this section not only the systems of disease prevention and control but also the systems of inspection and quarantine are introduced deeply.Chapter three is the second part of specific provisions of health law in the Republic of China. There are five sections in this chapter. Section one is about the legal systems of the food and stuff administration. In this section, we can understand how the government controlled food additives, slaughterhouses and food factories at that time. Section two is discussing the legal systems of public health administration. The third section is focusing on the legal systems of international Red Cross organization. The forth section is about the legal systems of national health education. The systems of autopsy, medical exams and trainings are also introduced in this section. Any health legal systems which can not be included in above sections consist of last section, for example, the legal systems of national demographics, the legal systems of donation to health work and so on.Chapter four is about the merits and demerits of the health law of the Republic of China. From the perspective of the legislation and legal implementation, the paper evaluates gain and loss on the health law of the Republic of China. Three main successes and four apparent lacks are seen easily. The first success is that the health legislation firstly standed on the point to protect civil rights instead of just focusing on the protection of imperial power. The second point is that it is the first time in our history to set up national legal systems of health. Last point is that the national government was firstly composed of central health administration and other departments, and the status of national health administration was improved greatly. In the meantime, lacks of health laws were very obvious in the time of the Republic of China. Firstly, absence of theory of health law leaded to the extraordinarily messy on health legal system. Secondly, fluctuation of status of national health administration badly impaired implementation of health legislative power. Thirdly, health laws and regulations in the time of Beiyang Government were incomplete and very simple, which were incapable of administrating the national health care. Last but not least, frequent abolition and legislation were the biggest defect of the health laws in the time of Nanjing National Government. At the end of this study, the author gives four suggestions to today’s health legislation and Traditional Chinese Medicine legislation. First of all, a well-developed, comprehensive theory of health law is crucial to health legislation and Traditional Chinese Medicine legislation. At the second place, it is of great significance to empower the national health administration as one of the national government departments, and only this could the health legislative right be operated normally. Thirdly, effective technologies of legislation are essential to execute and implement the health laws and regulations better. Lastly, stability of national government is the most crucial thing to enforce the health law properly. We study the health law of the Republic of China deeply in order that we could provide historical reference and give some valuable academic suggestions to our today’s health legislation and Traditional Chinese Medicine legislation.