Research On Administrative Supervision System Of Internet Diagnosis And Treatment

Medical care is associated with people’s vital interests,and it bears great significance on medical actions,particularly when implementing effective administrative supervision of diagnosis and treatment.Laws such as the ‘Civil Code’ and the ‘Law of the People’s Republic of China on the Promotion of Basic Medical and Health Care’ have corresponding stipulation on the diagnosis and treatment methods.Along with the changing era and technology advancement,the diagnosis and treatment methods have undergone drastic changes.In 2018,the General Office of the State Council has issued ‘"Opinions of the General Office of the State Council on Promoting the Development of "Internet plus Health Care"’,which symbolised the official commencement of Internet diagnosis and treatment.The diagnosis and treatment methods have shifted from the traditional offline exclusive to a mixed one incorporating with online diagnosis and treatment.With this premise,to further regulate Internet diagnosis and treatment for more effective administrative supervision,the State has issued a series of other standardising documents,such as the ‘Administration of Internet Diagnosis and Treatment(for Trial Implementation)’,to guarantee the proceeding of effective administrative supervision of Internet diagnosis and treatment.Administrative supervision of Internet diagnosis and treatment is an extension of the content as well as an innovation of the supervising method.Since administrative supervision largely relies on Internet supervision platforms,Internet diagnosis and treatment should conform to the principles of just,promptness,effectiveness,information safety,and adequate relief.However,after examining and analysing related laws and regulations on Internet diagnosis and treatment,I found out that certain loopholes exist in our country’s administrative supervision of Internet diagnosis and treatment,for example,insufficient hierarchy of the laws and regulations of administrative supervision,unclear definition of the subject,lack of effective means,and insufficient adequate relief.These loopholes have various causes,but mainly that the inability of the traditional legislation model to adapt to the innovative and fast-changing Internet diagnosis and treatment,lack of unified administrative supervision technical standards,and failure to form regulatory synergy among various administrative supervising departments.All these problems have set high challenges for the administrative supervision of Internet diagnosis and treatment.Taking into account of advanced experience overseas and our country’s status quo,to tackle the supervising issues,we have to first perfect our laws and regulation establishment of administrative supervision and construct a more reasonable legal hierarchy of administrative supervision laws.Secondly,we need to perfect the establishment of the supervising subjects and promote regulatory synergy among supervising departments.Meanwhile,we also need to improve our supervising methods,unify the administrative supervising standards,and facilitate soft supervision of non-governmental organisations,ultimately reinforcing post supervision of diagnosis and treatment.Lastly,we need to strengthen the relief of the object of administrative supervision,clarify the boundary of administrative supervising power,facilitate the administrative relief functions of reconsideration and compensation,and consolidate the judicial relief function of administrative proceeding.