Legal Regulation And Restraint On Management Defect Of Medical Advertisments

Nowadays, the economy developed with quite high speed, the medical advertisement already became a constituent of our lives.Now, when you are walk on the road, travel by transportation vehicles, watch tv or computer, and lister to the radio, many medical advertisements can be seen. Now, the medical advertisement is playing two kinds of roles in society,One is that the Medical establishment may propaganda. Medical themselves and their service, transmits the real and reliable medical information for the patient,and instructs patients to receive a medical examination through the medical advertisements;On the other hand, using the medical advertisement, the Medical establishment may also carry on the false propaganda, mislead patients, and seeks the improper economic interest.Because the medical advertisement involves patient's life and health rights and interests, it should be taken more seriously, and make it develop to the beneficial aspect, but it is contrary to what we expect, along with market economy's development and the hygienic system's reformation, the Medical establishment has been entrusted with certain economical attribute, some Medical establishment the issue false medical advertisement which resorts to all means to pursue economic interest maximization and seek exorbitant profits through the improper competition method. Although the implement of "Medical Advertisement Policing method" from 2007.1.1 has made some progresses, but the false medical advertisements are still very serious in our country, it has already disturbed the order of medical advertisement market in our country seriously, it must be controlled by law.This paper elaborated the meaning of advertisement first, and makes Classification towards the implications of medical advertisement and the false medical advertisement, and hope can make it better.And Introduced outstanding experiences of medical advertisement supervision and management in America, Germany, France and Japan, we hope it can profit the management and supervision of medical advertisement in our country.Meanwhile.it descripted the present state of false medical advertisement in our country from the legal environment, the management environment, the media environment and the cognition environment, combine with the investigation of data and the cases. found out the main problem of medical advertisement market in country, analyzed the reasons and summarized the insufficiency of existing Laws and regulations of false medical advertisement in our country.I There is insufficiency of false medical advertisement law and regulations in our country(â…°) The system of law is not perfecta. There are Scotomas in lawb. It waste legislation resources seriously in the jpattern of legislating dispersely (â…±) The supervision and management system is not perfect, the authority of examination and supervision are separate(â…²) The cost of Violating law is too low, the quantity of punishment is light(â…³) Civil legal relief limitationa. The present lawsuit system does not favor the patientb.It is difficulty for patient to raise evidence, the cost is too high(â…´) Celebrity advertisement law and regulations are not perfectâ…¡The main reasons why there are so many false medical advertisement in Our country as follows:(â…°) The information of medical advertisements are special, the patients are lack of medical knowledge, the channel to accepts is little(â…±) The government's mechanism of management and supervision is not perfect(â…²) The Medical establishment pursues the maximization of benefit(â…³) The values of advertisement company and other medias bias, and checks not strictly(â…´) The Penalty dynamics is insufficient, the cost of Violating law is too low(â…µ) There is short of self-modulation ability in Profession(â…¶) Difficulty to obtain The evidences of Violating lawâ…¢In view of our country false medical advertisement law rules and regulations existence's insufficiency, suggested that carries on the following consummation in the false medical advertisement law rules and regulations aspect:(â…°) Take the Relative concentrated legislation pattern(â…±) Set up the complete and effective supervision and management system(â…²) Set up credit grade Management system of medical advertisement publishing Agencies(â…³) Strengthen the legal Responsibility of medical advertisement a.Strengthen the Administrative Penaltyb.Strengthens the responsibility civil compensation(â…´) set up the perfect Representative Litigation institution(â…µ) Strengthen the management and supervision to advertisement inspectors(â…¶) Set up and improve the proxy institution of medical advertisement(â…·) Strengthen the management and supervision of mass media, to be a good "checker" of medical advertisement(â…¸) Strengthen the Self-discipline of advertisement Industry, confirm the legal status of Chinese Advertisement Association(â…¹) define the legal liability of Celebrites'Endorsement in false medical advertisementAt present, the situation of false medical advertisement is very serious in our country, it is time to strengthen the management and supervision of medical advertisement for our Government. For Our country, combine with the Domestic and abroad Excellent experience in management and supervision of medical advertisement in outstanding experience, it should strengthen the Legal construction of medical advertisement further, practice with theory's guiding, the promote the development of theory with practices, guarantee the patients' rights and interests not to be aggrieved earnestly, ensure the development order of medical market positive.