Comparative Analysis And Reflection Of TCM Legislation

Traditional Chinese Medicine(TCM) is an outstanding cultural heritage of China. It plays an indispensable role in China's national health care. However, nowadays, there are still shortcomings and deficiencies about the legal protection of TCM. Currently, China does not have a specialized comprehensive law for TCM. The existing relevant laws and regulations are comparatively dispersed as a whole, which can not correspond with the development of TCM, or fully reflect its characteristics. During the process of implementing the "attach equal importance to TCM and Western medicine" policy, there is no effective, specific and practical measure to protect and support TCM. To some extent, these problems constrain the healthy evolution of TCM. As there are 54 countries that have already enacted laws and regulations on traditional medicine and 92 countries, which have also enacted laws and regulations related to herbal medicine. The legislation on traditional medicine in China is lagging behind foreign countries, which doesn't commensurate with the outstanding status of TCM itself, therefore, hindering the worldwide spread of TCM. In consideration, there is tremendous practical value in the study of the TCM legislation.The main content of this article is divided into four parts. First part is an overview of TCM legislation in the eras of ancient China and the Nanjing Council. The second part analyses the TCM legislation in other regions by using a comparative method. The third part is about the TCM legislation of the People's Republic of China. It also includes the analysis of the current legal construction status of TCM as well as the reasons for the problems. The fourth part is about making a TCM law based on the study of current issues, and giving recommendations on the enactment of TCM Act.