| The Traditional Chinese Medicine Law in China will be implemented soon, which will greatly guide the construction of relevant legal institutions about Traditional Chinese Medicine. During the implementation process of a new law, formation of institutional system need a series of matched concrete norms, and only in this way the basic institutional design and macroscopical legal provisions could be realized and guaranteed. There will be an urgent institutional improvement necessity period during the initial stage of the implementation about Traditional Chinese Medicine Law, and, at the same time, a climax period of legal construction of Traditional Chinese Medicine. "Protection and development of Traditional Chinese Herbs" has been defined as a special chapter in the Traditional Chinese Medicine Law, which has put forward the requirement and guidance of relevant legal institutional construction about Traditional Chinese Herbs on the legal level. This research is in line with the demands of legal construction of Traditional Chinese Medicine (TCM), and focuses on the legal system of industrial development of Chinese materia medica. The construction and improvement of the legal system related to Chinese materia medica industry should focus on its whole industry of Chinese materia medica, and the whole system construction should be carried out to construct a legal guarantee system for the development in Chinese materia medica industry. Based on the objective of constructing the legal system, the main task of this paper is to create the method of constructing the legal system and explore its basic principles,which are preliminarily applied to construct the main system module of the legal safeguard system for the construction of Chinese materia medica industry. In order to achieve this objective, this paper was carried out from the following five parts:1. Research on the construction trend of legal safeguard system for Chinese materia medica industry. For this part, by categorizing the current situation of the legislation of Chinese materia medica industry, the trend of legal safeguard system were studied from two aspects: firstly, from the perspective of self-development law of legal system construction,the legal system construction related to Chinese materia medica industry has the development trend and objective basis of systematic construction; secondly, the obvious legal deficiency related to Chinese materia medica industry is sought from the four main fields: Chinese medicinal materials, Traditional Chinese Medicine decoction pieces, Chinese patent Medicine and Traditional Chinese Medicine preparations within certain hospitals, which is also a focus of the system construction.2. Research on the construction method of legal safeguard system for Chinese materia medica industry. So far, the legislation of a legal safeguard system for the development of Chinese materia medica industry has not yet been established in China. To complete the task of constructing a legal guarantee system, we must first carry out the methodology research and create a method to construct the legal safeguard system for the development of Chinese materia medica industry. By summarizing and referring to the systematic law, and absorbing the basic view of positivist jurisprudence, this paper puts forward a system-positivism theory on the basis of industrial development of Chinese materia medica and legal system construction. System-positivism theory adopts some core concepts and main points of system theory and empirical theory, and it put forward a more targeted system construction method for legal safeguard system in the industrial development of Chinese materia medica.This theory is not only one of the key points of this paper, but also one of the main innovations.3. Research on the basic principles of the legal safeguard system for Chinese materia medica industry. The basic principle refers to the guiding ideology to guide the construction of the legal system, and it also is the basic criterion during the making process of legal rules.To research and establish the basic principles of safeguard system for construction of industrial development in Chinese materia medica industry take a guiding role in building a legal safeguard system at present, and in continually improving the legal system in the future.This paper, from the perspectives of self-development law of legal system construction, the actual demands of industrial development of Chinese materia medica, and the methods of system construction, explored the basic principles of legal safeguard system construction in the development in Chinese materia medica industry. It is also one of the innovations of this paper to study the basic principles of legal safeguard system from different perspectives.4. Research on the system modules of legal safeguard system for Chinese materia medica industry. Under the guidance of system-positivism theory, this paper adopted the methods of classifying and expanding the legal safeguard system for Chinese materia medica industry. According to the relationship with the theme of the development of Chinese materia medica industry, the relevant legal system was classified, and the three component parts of the legal safeguard system for the development in Chinese materia medica industry: core system module, supporting system module and relevant system module are established.Through the construction of institutional modules, an orderly arrangement of the legal system group was formed, and then the construction of specific systems in this system group was strengthened. Relying on this method, a relatively mature legal safeguard system for the development in Chinese meteria medica industry can be established step by step. The specific procedure for the system construction in which module classification, step-by-step expansion,and gradual construction were applied is also one of the innovations of this paper.5. Summary and prospects of the study. This part is a summary of the full text. It mainly reviewed the "systematic" thought of the legal safeguard system for the development in Chinese materia medica industry, self-examine the shortage of the study, and put forward a preliminary idea for the follow-up study.In current time, the research on the legal aspects of the development in Chinese materia medica industry is still in the initial stage. To ensure the protection and promotion of the development in Chinese materia medica industry, we need a relatively complete legal system to provide protection. Therefore, the systematic study and construction of the legal safeguard system for the development in Chinese materia medica industry can systematically analyze and solve the practical problems in this industrial development process. Through this study,the method of constructing the legal safeguard system for Chinese materia medica industry was established, the basic principle of constructing legal safeguard system for Chinese materia medica industry was determined, the basic component modules of legal guarantee system for Chinese materia medica industry was explored, and goal of establishing the legal safeguard system for the development in Chinese materia medica industry was achieved. |
PDF Full Text Request