| With the rapid development of the Internet as a data pipeline,information energy,and efficiency linker,drugs with obvious risk and negative externality effects have also begun to use it as a tool for industry development at the beginning of the 21 st century.The new business model and new business logic of "Internet + Drugs" have promoted the realization of the goal of drug accessibility and alleviated the imbalance and insufficient medical resources.The virtual,regional,professional,and risky nature of Internet drug business activities determines the administrative licensing and regulation of them,ensuring citizens’ right to life and health,national public safety,and the order of the Internet drug market.The traditional administrative licensing model,which is rigid and cumbersome and standardized,is difficult to meet the needs of the development of the efficient Internet market economy,so the administrative licensing supervision of Internet drug business activities has been reformed.In2017,the state canceled the administrative license for Internet drug transactions,and in 2021,the notification and commitment system was actively applied in the field of Internet drug information services.The notification and commitment system is an innovative licensing measure implemented by the State Council under the guidance of streamlining administration and delegating power and promoting the transformation of government functions,and is a manifestation of the combination of administrative organs and the effective maintenance of fair competition market order,which not only improves administrative efficiency,stimulates the vitality of market entities,but also greatly meets the needs of citizens for medication,so it is reasonable.Notification of commitment is an approval method in which the approval authority makes a decision based on the applicant’s commitment,and transfers the substantive examination before the approval decision to the post-event enforcement stage after the approval,which makes a "convenient" treatment of the traditional administrative license approval process and is an emerging approval method.In the context of "decentralization,management and service",it is more reasonable to define the legal attribute of the notification commitment as an administrative agreement,which is in line with the background of the times of simplifying administration and delegating power and the government returning power to the market,which is a correction of the unequal status of the two parties in the administrative procedure,and is the realization of administrative licensing by agreement.Zhejiang,Beijing and other provinces have introduced corresponding refined measures,paying attention to the difference between subjective and objective circumstances when applying punishment measures for violation of promises,increasing administrative penalty measures,and Guangdong Province has also issued a "characteristic attempt" that can only be handled if the credibility level of the applicant’s account reaches level 4 or above.At the same time,there are still four problems in the practice of the notification and commitment system.First of all,the notification and commitment system has the characteristics of "first implementation and first trial" and policy-oriented,and the Regulations on Optimizing the Business Environment have not yet responded to and refined the notification commitment,and the low-level and guiding legal texts lack binding force in practice.Second,there is a value conflict between the efficiency value of the notification and commitment system focusing on the preference of the market economy and the safety purpose to be achieved by drug supervision.Third,the notification and commitment system and the strengthening of ex post facto supervision complement each other,while the current ex post facto supervision of Internet drug business activities still has problems such as lagging regulatory concepts,insufficient regulatory means,and uncommon application of administrative fines.Finally,the punishment measures for violation of promises in various places show strong regional characteristics,with the characteristics of decentralization and fragmentation,and the differences in local practice are contrary to the principle of equality under the rule of law,and the dilemma of "different judgments in the same case" is prone to occur.In view of the problem,under the characteristics of respecting drugs and the Internet,and adhering to the operation mechanism of the notification and commitment system under the "decentralization,control and service",four improvement measures are proposed.First,revise the administrative regulations of the Regulations on Optimizing the Business Environment to provide unified and detailed provisions on the concept,nature,scope of application,procedures,and responsibility mechanisms of the notification and commitment system.Second,on the issue of value conflict,we should take into account the value of administrative efficiency and drug safety,and seek the best balance between the two values.Third,in the supervision during and after the event,follow the principle of inclusive,prudent and innovative supervision,innovate regulatory methods,use the "network management network" method,strengthen the flight inspection of Internet drugs,and clarify administrative fines.Fourth,in terms of punishment measures for violation of promises,it is necessary to take into account the differentiated characteristics of the unbalanced development of the rule of law in various regions of our country,implement differentiation of applicable targets,distinguish between large chain listed pharmaceutical enterprises and small retail enterprises,implement differentiated application according to the degree of untrustworthiness of Internet pharmaceutical enterprises,and distinguish between the severity of untrustworthiness and different subjective and objective situations. |
