For-profit Health Care Organizations Method

As a very special field in China, health care profession is previously unprofitable, which mostly depends on the financial support from the government. However, the government now decides to classify the medical institutions into two sorts: profit medical institutions and non-profit medical institutions. Since the profit medical institution is a newborn in China, it has become an urgent task for us to guide it along a legal track. And to make a complete constituent instrument is one of the important aspects of the legislation of the profit medical institution. This dissertation focuses on the preliminary research on some issues of organic law of the profit medical institution in China, combined closely with the present situation and regulations. It consists of five parts as following:Part one explores the definition, characters and legal states of the profit medical institutions. In the profit medical institution, the profit from the medical services can be shared among the investors. However, the profit medical institution is also for the public weal. According to the patterns emerging one after another in the recent decade, the author holds that the various legal states of the profit medical institution can be classified into four types: stock-right system, shareholding co-operative system, partnership and sole proprietorship.Part two deliberates the creation of the profit medical institution. The author analyzes the clauses of the creation in Medical Institution Administration Regulation and its detailed rules for implementation. The author holds that such clauses cannot be applied to the creation of the profit medical institution, and puts forward hers own standpoints. It is believed by the author that the creation of the profit medicalinstitution should adopt the "strict criterion mode", and the former setup procedures should be changed into "dual registration" system. As for the conditions of the creation, the author advocates to get rid of the clauses which are originally bound to the planning policy, and discusses the special conditions of creation of the profit medical institutions in different legal states thoroughly.Part three is an approach on the structure of the organization of the profit medical institution. The structures of the organization of the profit medical institutions in different legal states has different compositions and forms, therefore, the author discusses them respectively and emphasizes on the stock-right medical institution and share-holding co-operative medical institution. The author suggests that the stock-right medical institutions, including the sino-foreign joint-founded and cooperative medical institutions, adopt "three-board-mode", while the share-holding co-operative medical institutions can choose "workers and stockholder in one conference mode" or "workers and stockholder conference co-existing mode", etc.Part four expounds the modification and termination of the profit medical institution. On the basis of the analysis of Medical Institution Administration Regulation and its detailed rules for implementation, the author proposes that we should go further to improve the content of the modification and termination of the legislation of the profit medical institution. Regarding the modification of the profit medical institution, it mainly explores the modification of organic form and stock right, and discusses in detail about the fact that the legal person has only one shareholder, owing to the modification of stock right. The author advocates to affirm its legal status and to take strict legal measures to prevent the only one shareholder from abusing the independentpersonality and limited liability of legal person. Regarding the termination of the profit medical institution, the author puts forward some suggestions, such as permitting the profit medical institution to dissolve themselves and go bankrupt, unifying the name of the liquidation commission, establishing simple and easy bankrupt procedures and allowing the representatives of the clai...