Study On Self-discipline Management System Of Physician Industry

The reform of health system is at an important juncture of forming a healthy China and a law-based China.Physicians are important force in China's health undertaking construction.China's Basic Medical Health and Health Promotion law has been put into legislative review.In such case,the study on the subject of the rule of law of physicians' self-regulation will not only help promote the legal construction of medical and health industry,but will better protect physicians' legitimate rights and interests.The medical and health industry in “A” city is characterized by rich medical resources,a large medical team,a large number of medical services,and good health performance indicators.However,the low sense of achievement in medical practice and the lack of rights and interests not only reflect the unsound legal construction of medical and health care,but also highlight the disadvantages of backward concept of administrative management and single administrative means.Therefore,the dissertation studies on physicians' self-regulation institution based on “A” medical professionals,industry self-discipline management as the empirical path,in order to clarify the doctor self-discipline management problems,excavates its deep social roots.By applying integrated method of administrative law,constitutional law,and the theoretical knowledge of health care management,the author manages to provide some legal suggestion for better improving the self-regulatory in the "healthy China" and "China's rule of law" superposition context.Based on the reference to overseas experience,the author tries to reconstruct the legal relationship between "health administrative department-physician trade organization-physician" from three aspects: respecting and guaranteeing the right of doctors' free association,perfecting the government structure and reforming the relating administrative system.The first part is the raising of the problem,aiming to study the value of physicians' self-discipline.On the basis of defining the concept,characteristics and power sources of general industrial organizations,on the one hand,by comparison,it is found that the number of doctors,the number of medical services and the number of medical disputes in “A” is not directly proportional to the health administrative law enforcement supervision and management ability and doctors' career satisfaction and sense of honor.However,the organizational and autonomous characteristics of doctors' organizations are weakened,and the administrative and academic colors are same strong.It is necessary to make a detailed analysis of the existing problems and causes of physicians' professional self-discipline management function.On the other hand,the value orientation of practicing physicians' industry self-discipline determines that to improve the governance level of physicians' industry,the self-regulatory management mechanism of physicians' industry must be established as soon as possible,and at the same time,the administrative management system of doctors' industry in China should be reformed and improved to realize the joint governance of the country and society in the field of physicians' management.The second part is to analyze the problems and causes of physicians' self-discipline management.This paper analyzed the existing legal problems of doctors' trade organizations under the traditional administrative law theory,which are mainly manifested in the unclear legal status in the legal relationship with the government and physicians.It reveals the dilemma of physicians' self-discipline resulting from the defects of legal environment,the unitary government management system and the disordered internal governance structure.The third part studies and discusses the pattern and theoretical resources of perfecting physician industry management.The necessity and feasibility of establishing the self-discipline management mechanism of physician industry were discussed.With the transfer of government functions,the dynamic change of national administrative frontier,the diversification of public administration,public interests and administrative subjects,and the development of modern administrative theory provide realistic and theoretical basis for physicians' self-regulation management.Based on the specialty,information asymmetry,high risk,public welfare and other important attributes of the physician industry,this paper demonstrates the feasibility of taking the principle of the joint governance of the country and society and adopting the Chinese characteristic model combining the government leading with the industry self-discipline.The fourth part is the study of extraterritorial experience.By analyzing the positive role of physicians' industry organizations in improving health performance in the United States,Germany,the United Kingdom,Canada and other countries,this paper summarizes the mode and experience of physicians' self-regulation management in the four countries,and summarizes and refines the enlightenment of physicians' self-regulation in China.The fifth part puts forward the suggestions on improving the rule of law management of the physician industry in China.It is suggested that by improving the legal system of physicians' self-regulation management,the entry right of doctors' profession should be granted as the logical starting point,and the legal guarantee should be provided for establishing the self-regulation management mechanism of physicians' profession,so as to realize the respect and guarantee of doctors' right of free association.By improving the governance structure of doctors' organizations,strengthen the behavioral ability of doctors' organizations to implement the physicians' industry self-discipline management for the purpose to laying a foundation for the realization of self-discipline.By means of the role of soft law,establishing the industry organization cultivation system;by improving the supervision mechanism,creating a two-way supervision mechanism between the government and industry organizations.With the improvement of supervision system,further coordinate the relationship between the health administrative departments,trade organizations and physicians.