Study On Legal Systems Of The Medical Institutions

After the founding of People Republic of China, especially since the past three decades of the reform and opening up, China’s health protection has achieved remarkable success, but the contradictions between the existing health services and needs of the growing health is obvious, the difficulty and high cost of getting medical treatment and other issues still are the people most concerned about the reality issues. Therefore, the report of the CCP’s Seventeenth National Congress has clearly proposed to build a basic medical health system.Medical institutions are the main health care system, even the supervision legal system of relevant medical institutions began to carry out 1951 in China, and with the development of reform and opening up, the "medical institution regulations" has been implemented in 1994,and then also introduced aseries of laws and regulations, but for the management of medical institutions, there are still many deficiencies. through the research of the existing legal systems of medical institutions, we could found the following issues of that China’s current health care system : the government duty is not clearly; public hospitals are over administrative oriented, operational inefficiencies; the status of private hospitals are in an awkward position and hard to survive; The tension of relationship between doctor and patient ;relative government department’s guidance and supervising are not strength; social supervision deletion; low levels of Medical Education and Training ; medical security systems are imperfect. In fact, the medical institutions in the legal system should be constituted by the following aspects: the Government as a manager and supervisor of the establishment and operation of medical institutions have for approving and monitoring the power of the medical security system should play a key role; medical institutions as a health care provider, should be better reflected in its public welfare and social function in the modern hospital on the basis of operational mechanism for the public to provide high-quality, reliable and appropriate medical services; patients with specific rights and obligations of their own to ensure their receiving medical services, patients have freedom of choice and informed consent and other legitimate rights and interests; supervisors perform the functions of the public, through civil society groups or organizations to supervise the operations of medical institutions, medical service quality, such as the use of medical resources ; in order to have a comprehensive health-care system.From the health-care systems research of other countries and region we know that the efficient and reasonable health care system should have the following characteristics: 1.the public’s rights and responsibilities of government, medical institutions, patient should be clearly defined. 2.Public healthcare facilities should be non-profit. 3. medical institutions should operate independently and more scientific. 4. A strong, scientific, and efficient regulatory system. 5. There should have a perfect medical training system. 6. A personal commitment combined with government subsidies of health-care system to benefit every citizens.For these reasones, Based on the study of related laws and regulations of China medcal institution and a comparative research the health-care system of some developed countries, Taiwan and Hong Kong SAR, also combined with China’s actual situation, this essay should establish a "medical institution Act "to indicated that the strict norms in the nature of China’s medical institutions, government position, access mechanism, operating mechanism, patient rights, medical advertising, education and training, monitoring system.these could improve the reform of medical and health care system and to provide better medical service with lower cost to meet people’s basic health needs.This medical institution Act could ease the difficulty in accessibility and costliness in affordability of medical service.