The Research Of The Conditions And Governance Norms For The Development Of Private Non-Profit Medical Institutions

With the continuous deepening of the reform of the medical system in our country,qualified private capital into the medical institutions have been recognized by the policy.In recent years,with the policy environment has been optimized,more and more private capital injected into the field of medical care,which to a certain extent meet the people's diversified needs of medical services.But only a small part of the private capital injected into the non-profit medical institutions,because of the natural pursuit of private capital,which is non-profit purposes,that is not profit distribution seems irreconcilable contradiction.Theoretically,the goal of legal interest protection of economic law is social public welfare,and the protection of individual profitability is needed to achieve social efficiency and substantive fairness.Therefore,it is very important to find a way to stimulate the investment of private capital but ensure the nature of public welfare of medical institutions.However,although the Economic Law takes the social interests as its core,in the face of the needs of people's livelihood,it shall not blindly formulate policies to meet the needs in practice;it shall earnestly comply with the statutory principles in terms of system supply,and incentive policies shall not be divorced from the soil of laws,so they have no legal basis.Therefore,for private non-profit medical institutions,how to optimize the legal system and rationalize the legal relations among stakeholders under the existing legal context of our country so as to better guide and regulate the inflow of private capital to nonprofit medical institutions has become an important topic for private capital to participate in the reform of the medical system in the new era.In this paper,through normative interpretation,historical analysis,case study,literature study,comparative analysis and other research methods.By straightening out the current legal regulations,focus on the formulation and implementation of legal norms abstracted from the access procedures that private capital needs to perform,the construction of corporate governance structure and mechanism of medical institutions,investment returns and other issues,and put forward corresponding suggestions based on the legal analysis.Firstly,discuss the relevant legal issues concerning the access system.The implementation of medical access system aims to promote the development of medical undertakings and avoid the waste of medical resources on the premise of ensuring medical safety and in combination with the distribution of medical forces in each region.Because the market itself is unable to overcome the problem of information asymmetry,the government,as the representative of social public interests,needs to intervene in the market operation to some extent.The author divides the existing legal problems of admittance into substantive law problems and procedural law problems.In substantive law,the lack of specific access conditions,standards of unclear lead to the practice of "bad money expulsion of good money," the problem.Some high-quality and non-government capital for public welfare purposes can not access,and there is no entry value of non-government capital has not been isolated from the entry threshold.In terms of procedural law,the formalities for examination and approval are complicated,the regulatory mechanism is imperfect,which causes excessive time cost of private capital,and the lack of supervision over private capital after access,thereby damaging the welfare of hospitals.Therefore,in combination with practice,the substantive law and procedural law need to be further improved and supplemented.Secondly,the aim of private non-profit medical institutions is to make up for the shortage of health resources in public hospitals.It must be emphasized to realize its social responsibility and take social interests as the standard.From the superficial point of view,corporate governance and social responsibility are two separate issues.In fact,the connotation of corporate governance structure is to distribute the relative power and responsibility of the central organs in the organization,so as to guarantee the benefit of all stakeholders,especially the people,and achieve the effect of social responsibility at the same time.Therefore,the author tries to use the stakeholder theory and the common governance theory to optimize the corporate governance of the emerging private non-profit medical institutions,including the external and internal corporate governance structure and mechanism,so as to ensure the realization of public welfare and social responsibility.Specifically,firstly,discuss whether the private capital has right basis for the decision-making and governance of non-profit medical institutions;secondly,discuss how to solve the problem of excessive agency costs of medical institutions due to the information asymmetry based on the professional nature of medical services and the nature of public welfare;Thirdly,it is attempted to explore the possibility of adopting the board of governors mode to prevent the investors from making profits by completely controlling the medical institutions and to promote the scientific and public welfare decision-making of the medical institutions through scientifically regulating the structure of the medical institutions and restricting the powers of their stakeholders.Finally,although optimizing the admittance can save the time cost of private capital to a certain extent,reduce its investment uncertainty.But investigate its root,the main actual demand of folk capital still obtains income or return most.Therefore,it is of great significance to explore the property rights of investors in medical institutions.Investors other than for-profit medical institutions shall be entitled to request profit distribution in accordance with the law as shareholders.Both the General Rules of the Civil Law and the Implementing Opinions on Classified Administration of Urban Medical Institutions stipulate that non-profit medical institutions are medical institutions established and operated for the purpose of non-profit operation,providing the public with medical services,and having as a result,established and operated;The contributor of a non-profit medical institution is not entitled to claim its property as invested in thereby.Since the beginning of healthcare reform in 2000,it has been common that investors abandon their investments due to "unpredictable returns".For the past 20 years,although encouragement policies have been issued constantly,the policies which do not involve investment income cannot eliminate the profit-seeking nature of private capital and the natural shackles existing in the public welfare of medical institutions.The Suspicion that Incentive Policies Involving Investment Returns Are Unjustified by Law.The author holds that when state organs or public institutions set up non-profit medical institutions as capital contributors,they shall not re-levy charges on citizens receiving medical services and therefore shall have no ownership of the property of non-profit organizations,as their property is from tax and is subject to the legal logic that "it is for the people to use".But the private capital establishes the medical organization,its provides the capital to the hospital to have the time cost.It is in line with the law of market operation to allow private capital to obtain a certain return due to its contribution.The existing "one-size-fits-all" provisions are unfair to private capital contributors as non-profit hospital contributors and affect their investment enthusiasm,which does not conform to the principle of economic law of giving priority to efficiency and taking fairness into account.Therefore,how to make appropriate economic incentives to investors is the key to the problem under the premise of not affecting the public welfare purposes.The extraterritorial theory of "Breakthrough in Donation without Compensation" brings us inspiration to change our thinking.On the premise of not violating the public welfare and the legislative spirit of our country,this paper probes into the possibility of transplanting "free breakthrough" into the law of our country,so as to improve the enthusiasm of private capital to devote into the medical social welfare undertaking.