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Research On The Legal Regulation Of Prescription Rights Of Chinese And Western Doctors In My Country

Posted on:2020-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2436330620955148Subject:Medical and Health Law
Abstract/Summary:PDF Full Text Request
In China,it is common for Chinese and Western physicians to issue drugs to each other's professional fields,but it is often controversial.This article is aimed at whether Chinese and Western doctors can issue drugs in the professional field of the other side.By analyzing the legal attributes of prescription rights,we further sort out the existing legal regulations and existing problems in our country,and compare the traditional medicines similar to those in China.The current situation of prescription rights regulation in Japan,South Korea and Taiwan,which is jointly developed with modern medicine,concludes that the exercise of prescription rights is related to the public health interests.Because of the unclear division of the subject of prescription rights in China,the division of authority on prescription rights Unreasonable and imperfect legal regulations have led to serious abuse of prescription rights among Chinese and Western doctors in medical practice.Doctors practice also face considerable legal risks.The health administration's weak supervision of the exercise of prescription rights should be The Western doctors' prescription rights are subject to legal regulation,clarifying the subject and scope of the prescription rights and improving other relevant legal provisions.This article is divided into five parts: The first part is an overview of the prescription rights of Chinese and Western physicians.The content includes an overview of relevant concepts and an overview of the prescription rights of Chinese and Western physicians in China.The second part analyzes the legal attributes of the right to prescribe and clarifies the necessity of regulating the right to prescribe.The third part studies the current situation of China's legislation and its existing problems,and explains the consequences caused by the problems.The fourth part,extraterritorial research,because traditional medicine in Japan and South Korea is the same as the Chinese medicine in China,so Japan,South Korea and Taiwan are selected as typical countries and regions,and the exercise of their prescription rights is compared and combined.China's medical practice national conditions summarize relevant relevant rule of law experience.The fifth part,in combination with the above,proposes relevant countermeasures and suggestions for the prescription of the prescription rights of Chinese physicians.The content includes the legislative level,the law enforcement level and the supporting system level.It is clear that the concept of the prescription right of the physician is the cornerstone of the full text.Firstly,the concept of the physician is introduced.Based on the division of Chinese and Western doctors in this paper,the concept of the physician is redefined.In China,the classification of physicians is complicated.In order to better understand the classification of Chinese and Western physicians,the classification of physicians is summarized based on the criteria for classification of physician qualifications,and the professional connotation of Chinese and Western physicians is accurately divided.After introducing the concept of prescription right,based on the difference between the subject and the right content of the doctor's prescription right,the various connotations of the prescription rights of Chinese and Western doctors in China are discussed in detail,and the Chinese and Western medical system is ignored in the distribution and exercise of prescription rights.difference.Secondly,it analyzes the legal attributes of the right to prescribe and clarifies the necessity of regulating the right to prescribe.According to the disputes on the nature of prescription rights in the existing academic circles,there are mainly public powers,private rights and other attribute doctrines.It summarizes and summarizes the idea that prescription rights should belong to a special private right,and discusses the particularity of prescription rights in detail.On the basis of this,the legal analysis of the particularity of the right to prescribe is carried out,and the necessity of regulating the right to prescribe is clarified.Thirdly,study the current situation of China's legislation and its existing problems,and explain the consequences of the problem.A comprehensive review of China's existing laws and regulations on the right to prescribe,found that the existence of prescription rights in the legislative provisions and their division of authority is not clear led to a series of problems in clinical practice.Summarize the existing problems and clarify the practical necessity of regulating the right to prescribe.Then study the status quo of prescription rights regulation in Japan,South Korea and Taiwan,and compare the current research background of modern medicine and traditional medicine,the status quo of doctors' practice and relevant legal regulations,and clarify the current situation of Japan,Korea and Taiwan.The status quo of the exercise of prescription drugs and western medicines,summarizing relevant experiences and lessons,and learning from the experience that can be learned.Finally,based on the status quo of China's medical practice,based on the rights of the right of prescription and the scope of rights,it puts forward feasible suggestions from the legislative level,the law enforcement level and the supporting system level to improve the regulation of China's prescription rights,and stabilizes the social order of the medical system in China.Maintaining the harmony and stability of the doctor-patient relationship is of great practical significance.
Keywords/Search Tags:physician, chinese(cheng)medicine prescription right, western medicine prescription right, legal regulation
PDF Full Text Request
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