Research On Legislative Plan Of The Local Health In Shanghai During The Telfth Five-Year Period

BackgroundsHealth is the basic conditions for survival and development. People's health is a measure of social development of a national or regional level and an important indicator of the degree of civilization. Protection and promotion of people's health is to promote economic development and an important guarantee of social sustainable development, also it is the starting point and end point of health legislation. Socialist legal system with Chinese characteristics has basically taken shape, but health law as an important legal department, comparing with the overall construction of the legal system and legislative framework of the scientific, rational, systematic civil law and criminal law, there are still large gap. Therefore, there is a top priority that how to build a scientific, rational, legal framework of health law system and how Shanghai make a plans under this framework for the implementation of legislation and the creation of legislation. Local health legislation is the legal system as an integral part of health for all kinds of new social relations adjusted to meet the increasing masses of the people's health needs, it has an important position and role for health development in response to a series of difficulties and contradictions, it is significant'to make some recommended projects during twelfth five-year under a more complete health legal system.ObjectivesBased on the analysis of status and problems of Shanghai local health legislation, taking the new medical reform and the livelihood of legislation as an opportunity, by means of qualitative and quantitative methods, health development and reform, to analyze the domestic and international, and Shanghai status and legislative trends in health legislation during the Twelfth Five-Year Period;to analyze the local health legislation needs in Shanghai during the Twelfth Five-Year Period;to recommend the local health legislation projects;to propose implementation of local health protection legislation of the project recommendations during the Twelfth Five-Year Period; All is to provide a theoretical basis for health legislation and decision-making for the relevant departments.MethodsThrough literature analysis of national health legislation to fully grasp the information on status of health legislation, full analysis of typical state and local health legislation, and strong legislative status of health from abroad, the latest developments and trends to identify the shortcomings of our health and development of legislation orientation; through focus group interviews conducted interviews with health experts in the legal system to effectively solve problems in health legislation and proposed legal framework for health and legislative options for a full discussion of the project and demonstration; through questionnaires to health sector, experts in the field of law raised by this study to judge the health legal framework, alternative views on health legislation and projects the necessity of legislation from the legislative alternative projects, two aspects of the feasibility of legislation to conduct a comprehensive evaluation system, and collecting health legislation projects; law expert evaluation by experts and scholars to judge the necessary (including the Legislative Council the importance of urgency and two secondary indicators) and feasibility (including political feasibility, economic viability, social and technical feasibility) on the legislation proposed in this study to evaluate alternative projects; application criteria based on stochastic dominance method for group decision making statistical analysis of the.questionnaire obtained the ten health recommended projects during the twelfth five-year period.Results1, This study combed through effective health of the existing laws, administrative regulations and the health sector and the large number of local laws and regulations, government regulations, to propose legal framework of our health system. Through the legal system proposed in previous papers and the state health system reform of the latest policy document, from the "Big Health" to "the little health" concept, with Shanghai and the Shanghai Municipal Health Bureau, the actual functions of the offices to construct a legal framework for health system:that is, under the command of the Basic Law of Public Health, there are six categories, which is medical services, medical security, medicine supply security, TCM Comprehensive Management and others, and the legislation should include a breakdown for the subdivision.2, Study a typical national health legislation and legislative trends in common law and civil law. American common law focus on the main national health insurance, basic medical attention to rural health care community, health education and health promotion, health-focused research, the norms of health resources, social health protection of vulnerable groups; the United Kingdom and Hong Kong health legislation is consistent, emphasis on the health of the citizens equal protection of the right, implementation of a comprehensive free health care but also within the introduction of market mechanisms to improve efficiency, to promote the whole fair and efficient health system, owning a strong planning of health care; Singapore, mainly through legislation and supervision and law enforcement to ensure that health care organizations provide health care services to citizens, concerned about electronic medical records, organ donation, private medical institutions and nursing legislation; Australia focus on regional health legislation, to promote efficient allocation of health resources in the community. Japan concern about the aging, residents of health care access, medical equipment and medical management of adverse information report; human trials of concern in Taiwan's legal system.3, Study the system status of health legislation in China. By the National People's Congress enacted 10 specialized health laws. There are 37 specialized health administrative regulations,198 department regulations in force. A total of 339 local health legislations, which by the various provinces (autonomous regions and municipalities), where the capital city, the State Council of the Municipal People's Congress enact 151 local health regulations; by the various provinces (autonomous regions and municipalities), where the capital city, the State Council of the larger municipal government based on local conditions to develop the host of local law and government have 188 health regulations. These health laws and regulations cover the health of the study proposes six areas of the framework of the legal system.4, Analyze the health system, legal system, a broad and comprehensive health legislation literature from abroad, to tease out the 30 specific local health recommended projects in Shanghai. Through the "Shanghai Medical Reform Bill and the Comprehensive Research Project Report," "promote the medical and health reform and development of Shanghai Report" and other ways to refine out of 48 general health legislation alternative project, and then merge the purpose and content of legislation which the legislation is similar, through the Shanghai Municipal Health Bureau is responsible for all functions of the offices of the relevant person consultation to determine 30 recommended projects, such as the "standardized training in the management of Shanghai residents"5, Identify 9 local health recommended projects by statistical analysis expert survey, during the Twelfth Five-Year Period. Through 48 legal experts and scholars evaluate on the 30 legislative recommended projects, the application of stochastic dominance criteria group decision making statistical analysis of the questionnaire, this study generated 9 Shanghai local health recommended projects, such as "Shanghai Community Health Services Ordinance"6, This study proposes the way of recommended projects getting into the Shanghai Health Legislation local health safeguards of the legislative process during the Twelfth Five-Year Period. The study recommended that the 9 projects of the proposed scheme health legislation, including by project type, sub-time legislative proposals, to play multi-channel health legislation proposed mechanisms; protection of health legislation during the Twelfth Five-Year Period, including specialized personnel to prepare the project for legislation recommendations and legislative proposals for feedback; financial support, including legislation to ensure funding for research projects and recommend project proposals for funding; technical support, including health legislation recommended by the project research, experts, legislative hearings and draft legislation and consultation argument.