Research Of Local Health Legislation

Local health legislation as an important part of China's legislative system in the country's legislative system, which plays an important position. The local health legislative studies in China has just started, and the systematic and targeted research is especially rare. The 15th National Congress of the CPC has put forward the legal system objective of "strengthening legislative work and improving the quality of legislation, then forming the socialistic legal system with Chinese characteristics in 2010 ". Which provides the necessary legal basis for studying the local health legislation, and constantly improving the health and development of local legal system.Based on the basic legal theory as a guide, adopted empirical analysis method, using the "Chinese laws, regulations and information retrieval system," " laws and regulations retrieval system " and other relevant laws and regulations retrieval system, health regulations of 31 provinces, autonomous regions and directly governed city region were synthetically collected, and then classification, sorting out, suming up and analysis were carried out. Informative elaborated from historical development and the basic situations, problems, advice and countermeasures, and other aspects of local health legislation in our country. Proposed seeking to strengthen and constantly improve the proposals of local health legislation, and a view was raised in order to provide benefits for the local people's congress and government legal departments of health legislation.The historical development of the local health legislation can be divided into the following three stages: exploration stage——the 1954 Constitution was implemented until 1979 before the promulgation of the local organizations law. In this stage, the local legislation was transformed from excessive dispersion to legislative power was exercised basicly centrally. Because there have not constituted a national specific health law, and the number of the local health legislation is very litlle and species of which is simple, legislative technology is at the primary level. The stage of accelerating the pace——the implementation of 1979 local organizations and the publishment of the"legislation law"in 2000. During this period, one core and two-stage, center and local multi-polar legislative system has basicly taken shape. Local legislative powers have gradually expanded, and the legislation number increased steadily, covering the field of public health. Local health legislation has become more standardized and sequencing, and the era of which legislation is blind, single, random and lack of planning has gone for ever. Standardizing the development stage——since the implementation of"egislation law"in 2000. According to the "legislation law " in 2000, the principle, legislative authority, legislative procedures, interpretation of the law, puting on record of laws and regulations, such as a series of system of which the legislative activities should be followed made requirements. To permit provinces, autonomous regions and municipalities, large cities (NPC, the government) to enact local laws and local regulations. To accelerate local legislation at the same time of combining to the situation, based on the constitutional law, legislation law, local organizations, health law, health administrative rules, carrying out the health code, regulation systematicly, and studying of legislative plan, legislative forecast and legislative advisory.1979～2006, effectual, modified and killed local health codes and regulations in force is total of 1 500, of which the ratio is 4:1:2, and the total amount of local health codes and regulations get close. 1986～2000 and 2000～2006, the total number of local health codes are more than the same period of total health regulations; the total number of local health codes and regulations from 2000 to 2006 were higher than the number from 1986 to 2000. The tendency of local health regulations on"enacting, amending and repealing"was irregular higher and lower. 1997, enacting, amending and repealing health legislation presented simultaneous peak. At this aspect, the number of Sichuan province is top, and following is Jiangsu Province, Jilin Province, Shandong Province, and so on. In Jilin, Hubei, Guangdong provinces, taking the total number of "enacting, amending and repealing" together, the number of provincial regulations were less than their subordinates City. 1986～2006, all provinces have no health regulations corresponding with Frontier Health and Quarantine Law and Doctor's Law; among the corresponding health regulations the number about the population and family planning is at most, following is blood donation , the Red Cross and maternal and child health, but occupational disease control, prevention and treatment of infectious diseases, drug administration, and food sanitation is smaller. The existing health regulations in force reached a peak (36) in 1997, then after descending a certain degree, reached its second peak in 2003, then declined year by year. Among the provinces (autonomous regions and municipalities) Shandong Province is at most, Liaoning Province, Jiangsu Province were followed. Revised health regulations were few not more than ten, Beijing were relatively more, then Guangdong Province and Shanghai Municipality. Killed health regulations reached a peak (31) in 1989, after that tortuously declined, Shandong Province, Beijing, Guangdong Province, Liaoning Province were relatively more. In Jiangsu Province, the number of the provincial health regulations on "enacting, amending and repealing" is less than its subordinate cities, and the number of Liaoning provincial effective and killed health regulations is less than its subordinate cities.With the local health codes and regulations as main line analysised, for approaching deep-seated problems of local health legislation in-depth, four groups samples were designed: among the health codes whicih were formulated by the larger cities approved by the State Council (General ratio); among provinces and their subordinate cities (equal ratio); autonomy regulations of autonomous region and prefecture (the versatility degrees); between provincial health codes and provincial health regulations or between provincial codes and municipal regulations (congener ratio). Based on comparative analysis of the samples, and generally the following areas of problems were found: Legislative procedures (such as "reference" "approval", "draft"); Legal words (such as mistaking the legal language, confusing the concept, nonstandard legal language); Misrepresentation (such as wrongly written or mispronounced characters, wrong sentences, unclear); Legal basis (unknown, indiscriminate); Overlapping (local and national, provincial and inter-provincial); Contradiction among other; Local characteristics (without characteristics, lack characteristics, aberrancy); Trade legislation; Powers take the place of the law.According to the above problem, recommend the following countermeasures:(1). Improve the legislative process——prepared to put their focus on the legislative plan, legislative drafting and legislative investigation. (2). Improve the quality of personnels in the legislative organ——through the cultivation of medicine and law composite talents, to enhance human resources, create a long-term training and evaluation mechanism, establish the necessary incentives qualification and misjudgments accountability mechanisms. (3). Strengthen the local health legislation and supervision——strengthen legislation prior and post factum supervision, and suggest that the NPC to carry out supervision and inspection when enforcing the law, the problems of legislation should be also supervised at the same time, which is as a part of a legal process, and then make it institutionalize and legalize. (4). Reflect local characteristics, enhance operation——local health legislation should be based on the local specific situation and actual needs, establish the concepts of the quality of good laws and innovative ideas are the first, conduct legislative research extensively and in-depth, and repeated demonstrate, legislate openly, and strive to reach appropriate style and character, scientific and clear content. (5). Exert legislative autonomy of national autonomous areas full——proposed to expand the propaganda of the constitution and organization law, remove the consideration of leaders. According to the realities of the region, using legislative autonomy assigned by laws, enact the characteristic autonomy and special regulations of the local health. (6). Word hard on legislation about"appraising, amending and repealing"——establish and implement quality assessment system of local health regulations, summarized timely; construct feedback control mechanisms, structure feedback information platform, and ensure effective communications among lawmakers, users and the general publics; strengthen the normative health legal documents cleared, discovered and corrected the conflicts of the legal norms timely in different periods.Do a good job in the local health legislation, under the premise of stressing the"people-oriented","building a harmonious society"and the unity of the legal system, with the needs and characteristics of the health services management, learning from the useful experience of the foreign health legislation, constructing a more scientific, complete and transparent health legal system, adapting to the needs of the socialist market economic system and health services reform development, enhancing the health laws awareness of the public further, protecting human health more effectively and promoting the socio-economic development as well.