Pharmaceutical Market Regulation Problems Of Administrative Law

This article is composed of five chapters and analyzes the regulation of the medicine market mainly from the perspective of administrative law. It focuses on the following problems: who should regulate, what to regulate, how to regulate and the regulating procedures.The preamble: the validity of the article is demonstrated in the first place, and then it further explains why the supervision of medicine market is chosen as the subject of this article. National and international viewpoints on this subject are briefly mentioned in this part while the research technique and the structure of this article are clarified.Chapter one: basic theories about supervision of the medicine market. This chapter begins with two cases, and then it analyzes the necessity to study supervision of the medicine market, explains the basic theories of supervision of the medicine market and reviews the historical vicissitude of it. Furthermore, it analyzes the current status of the supervision of the medicine market, and points out the existing problems. It explains by four aspects, i.e. subject, scope, method and procedure so as to clarify why administrative law concerns the supervision of the medicine market and what does it concern.Chapter two: the subject of the supervision of the medicine market (first response). This chapter begins with the oppugn about the government as the sole supervising subject and discusses what the subject should be under the market economy system. Foreign ways of supervision of the medicine market is analyzed and compared to with the conclusion that it originated from different historical backgrounds and has both pros and cons. We can learn from its pros instead of following them completely. Based on the reasonable elements of the foreign methods, it points out that the supervision of the medicine market should depends on both government, market and society. Due to the present quandary, the method of government supervision is adopted. This chapter also analyzes the medicine supervising structure of our government and points out why the mode of independent agency and area structure isn't adopted, instead, the National Bureau of Supervision on Food and Medicine is directly under the state department while the supervision agencies below the provincial level is independent from the local government. At last, it points out the problems as the subject of supervision is concerned and analyzes their...