| China is a developing country with long history and huge population,and Chinese Medicine always plays important role in the social,economical and culutral lives of China. Since the 20th centurty, outtraditional and indigenous Chinese Medicine suffered great intererencefrom the west medicine or"Modern Medicine". After 1949 the People'srepublic of China come into existence, Chinese Medicine in Chinadevelops again. Nowadays, people has obtained the commonunderstanding that Chinese Medicine and its function can't live withoutthe safeguard of law system. However, so far, we have not paid enoughattention, or have sufficient understanding or research on what's ChineseMedicine Law System really is, its status, its funtions and the way torealize, the disadvantage and its future and so on. It's not clear in theoryand disputed in reality.This paper figures out that our Chinese Medicine Law System facesthree fundermental matters. Firstly, it is confused with the common LawSystem of Medicine, so it is substitutee by the latter which is more fit forthe western Medicine. Secondly, it lacks for special law of ChineseMedicine, and that causes lower positon for the law system of ChineseMedicine, and its less development level. Thirdly, The basic system hasnot constructed enough , especially its principle and main mechanism arenot formed sufficiently or properly. In a word, we should study the theoryof Chinese Medicine Law System thoroughly, analyse and discuss theproblems hereinbefore, find the answer and outlet. The main content andstructure of this paper are based on these judgements and reasonings.Chapter One is about the review and judgement of the concept ofLaw System of Chinese Medicine, and our nation's law system. Firstlythis part defines the category of Law System of Chinese Medicine,analysing its concept, meaning, character and it's similarities anddifferences with relevent terms. Secendly this part come back to ournation's Law System of Chinese Medicine, discussing what it hasachieved and it's shortage and limitation. Thirdly this part discusses our Law System itself at the present time from the form view and the contentview.Our country's Chinese Medicine Law System, as well as ChineseMedicne scince and industry, has obtained great accomplishment in theancient times. Charpter Two reviews its flowing history from Qin Periodto modern times, which are divi\ded into three segment, the ancient times,the period before 1949, and nowadays.Charpter Three discusses the necessary and feasibility for special lawof Chinese Medicine, and reaches a conclusion that we should and we alsoare capable of making that law. Our Chinese Medicine Law System'sprogressing is in need of it, so does our industry for Chinese Medicine. It'salso the foreign experience. Our government and the leaders has alreadyarrived the conlusion that the special law is in need, besides from centralto local we has accumulated so many lawmaking experiences andmaterials.After the above three charpters, it is belived that our Law System ofChinese Medicine need to be analysed and modified at prime tnese, so weshould fix on the path of betterment. There are three issues worthing greatattention. Firstly, the premise matter, included its relationship andharmonize with relevent law, act and regulation, especially throughestablishing spcial law to solve the conflict and variance. We should useexperience and lesson from the ancient, the overseas and so on forreference, we also should face the future and developing to make ourchocie and decision. We should construct the government's position, roleand function properly. Secendly, basing on the theory of path-depending,and starting from the realism, the improvement should be established inthe system and content already in existence, from central to local,intergrate code, special code and correlative code and the like. Groudingon that, this charpter collect and pack up almost all the statutes andregulations, commenting and reviewing from the historical and practicalaspect. Thirdly, this charpter discusses from the view of lawmaking'stechnical consideration, the view of the rule, feature and requirement ofChinese Medicine itself , the view of the achievement and creationalready made and so on. Charpter Five constructs and demonstrates the basic principle forChinese Medicine Law System. The principle is the basic and leadingessence for Chinese Medicine Law System. In order to consitute theprinciple, we should solve the position, the differentiating bewteen allkinds of principles and the relevancy between principle and missions.After that, this charpter draws the conclusion that there are three mainprinciples for Chinese Medicine Law System: ensurence people's life andhealth, social standard, and safeguard, support and promote ChineseMedicine in all.Charpter Six organizes the main mechanisms for Chinese MedicineLaw System, it is also the basic content for the special law. The mainmechanisms consist of four portions: the title converting, thestandardization and modernization for Law System, the support andpromote policy turn into legal system, the construction for enforcementand safeguard. To make those missions concrete, in the first place,Chinese Medicine's intellectual property rights and knowledge,information, know-how and other intersts affirming mechanism, includingpatent right, business secret, trademark and geographical indication,administrative protection and so on. In the next place, the standardizationand modernization for Law System mainly requires introducing themodern and uiform management model into China, in particular thepermission mechanism to be classified and graded, to improve itsprocedure, supervise and relevent mechanism of punishment. Theconstruction for enforcement and safeguard aims at solving the socialphenomenon of"useless lawmaking", through the construction ofmanagement system and agency in charge, the spcial law and otherrelevent laws to form a complete set, the financial safeguards and fundsupport, administrative enforcement mechanism and so forth, toimplement the Chinese Medicine Law System to realize its actual functionand mission which are set in advance.
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