Discussion On Legal Regulation Of Private Hospital

For a long time, medicine and health care problem has always been the social public interest, the highest response, one of the largest and the most effective people’s livelihood issues. Especially in recent years, with the gradual development of economy and society, and gradually improve people’s living standard, the social public demand for their health and safety of life gradually increase, the people’s growing health demand and the limited medical services gradually prominent, the contradiction between the supply problem of "difficulty and high cost of the doctor" has gradually become a persistent ailment to our pharmaceutical and health care system.To enhance supply ability of medical service system in our country, in strengthening the management of the public medical institutions at the same time, the central committee of the state council also issued a large number of encourage and guide the social capital to establish medical service policy, such as the central committee of the communist party of China under the state council’s opinions on "on deepening the reform of medical health system and the state council on forwarding national development and reform commission, the ministry of health, ministry of finance, the ministry of commerce, human resources and social security ministry" on further encourage and guide the social capital to hold the opinion of the medical institutions ", etc., under the existing legal system of social capital held medical institutions play an important regulatory role.But after the social capital into the medical services development is not good, is not optimal. According to statistics, by the end of2011, the social capital held medical institutions accounted for38.4%of the total number of medical institutions in our country, but the beds accounted for only12.5%of the total number of beds, still small scale, ability is low, to become a public medical institution beneficial supplement. The social capital into the medical service domain common face high barriers to entry, operation pressure, development space is little, lack of technical personnel, supervision mechanism is not sound, difficulties and problems such as poor social atmosphere.This article will pass legislation comparison, comparative analysis and case analysis and other methods, detailed research and discuss the social capital to establish medical service institutions legal rules and regulations, strengthen the supervision to the nation, scientific guidance, and promote social capital for the healthy development of medical institutions put forward opinions and Suggestions, has great theoretical and realistic significance. This article is divided into five parts of social capital to establish medical service institutions legal regulation is discussed.The first part, introduction. Through literature analysis, summary analysis of theoretical research, which leads to the starting point in the studies of social capital held a medical institution.The second part, the scope of comparative analysis of laws and regulations. Through to the United States, Japan, Switzerland, Australia, and Singapore and other foreign social capital held a medical institution legal regulation analysis, compared with domestic existing law, take the essence, discard the dross, better to provide reference.The third part, the social capital held a medical institution common legal problems. To our country current social capital held a medical institution legal regulation analysis, in combination with the practical situation of everywhere, points out that the current laws and regulations can not adapt to the actual situation of the main legal problems.The fourth part, the author of social capital to hold the opinions and Suggestions of studying the law system of the medical service institutions. On the basis of former three parts research, puts forward legislative Suggestions and concrete Suggestions and reference for legislation, law enforcement and the judicial practice.