Drug Monitoring The Quality Of The Legal System Is Perfect

The article is composed of four chapters and analyzes the regulation of the medicine market mainly from the perspective of administrative law. It focuses on the following aspects: who should regulate, what to regulate, and how to regulate.In introduction, Starting from the event of "Qier Medicine" in Huayuan, Anhui province, the problems and the causes of medicine supervision in China are analyzed in detail. Then a direct conclusion is made: What is the administrative department doing before the whole event? And the civilians act as the "white rat" of the pharmaceutical factory. So we can bring the inability of subjects in medicine supervision down to "the act of abandoning the administrative power". Originally, the administrative power of the subjects of medicine supervision can bring the relevant department a sense of honor and achievement because of the need of authority and self-recognition that execution brings to them. However, the medicine supervisors in China give up this administrative power. Why? The following part of the introduction elaborates on the administrative law and the theory of the management.We first give the outlines in the main part of the thesis starting from the classic "6 W" in management in the introduction. Firstly, a series of problems-who is to manage; why is he to manage and what are the advantages if he not others is to manage-are proposed to examine the existing problems of the medicine supervisor and put up a revolutionary thinking way. Secondly, the problems-what is to administer; why we administer; can't we loose the administration; can the administration achieve the goal-are also discussed. Thus, the scope and depth of the medicine administration is confined. Thirdly, the necessity of the traditional administrative methods is doubted. Do we have to adopt these methods? Aren't there other ways to realize the administrative goal? Finally, the advantages and disadvantages of the traditional methods are analyzed and some new administrative methods are also introduced.The introduction explains that the thesis considers the improvement of the system from the perspective of the substantive law. The first part discusses the issue from the perspective of the organizational law; the second from the power spectrum; the third from the act law. And the disadvantage of the traditional administrative act is analyzed, and some new administrative acts and methods are also mentioned.Finally, the introduction explains the reason for the unconcern for the regulating procedure of the supervisor.The first chapter deals with the administrative response to the subject of the supervision of the medicine market.The first part of the main body discusses the improvement of the supervision system of the medicine market from the perspective of the administrative subject system in the organizational law.In this part, three levels of the administrative subject are discussed from macroscopic, middle and microscopic perspectives. First, the macroscopic part mainly defines the scope of the supervising function of the State Food and Drug Administration (SFDA) and other medicine supervisors with the aim to construct a centralized and efficient administrative system. Then, the middle-level part defines the responsibilities of different areas and responsibilities of different levels within the same system in order to set up a hierarchically consistent, powerful subject system. Last, the microscopic part deals with the power division within the administrative system so as to solve the problems of the responsibilities of executing laws. An effort is also made in this part to introduce the administrative cope and functions of trades and agencies.The third part of the thesis, starting from the administrative scope of the subjects, firstly points out that the administrative scope of the subject deals with the administrative power included in the organizational law, and the solving of the administrative scope problem is important to the executing efficiency of the subject, which lay a solid foundation to the administrative methods to be discussed in the next part. We briefly discourse upon the limitation of the government under the market economy; point out that the ideal administrative mode will be set up with the co-effort of government, market and society; and define whether the disputed fields belong to the administrative scope, indicating that the trade administration and macro-regulation don't belong to the administrative power of SFDA, thus defining the administrative scope of the SFDA. We define the administrative scope of the SFDA diachronically from the drug development phase, production phase and circulation phase respectively. In the summary of this part, we point out that the purpose of this chapter is to define the administrative scope of the medicine supervisor, emphasizing that the "offside" part should give way, and the "vacant" part should forge ahead.The third part of the main body unwinds from the perspective of the drug administrative methods, pointing out that the above discussions make a preparation for the extension of this part. The administrative subject and its power in the organizational law also lay a logic foundation to this part. We first talk about the necessity and disadvantage of the traditional methods, analyze the narrow scope of the traditional administrative methods and the high cost of the benefit, pointing out that the market administrative methods should shift from the order control to the market stimuli based on the market law.The market administrative methods shouldn't be measured by the traditional way, but by a cost-benefit way. At last, we introduce some new administrative methods of market-orientation and information-orientation, such as the information rules, credit rules and administration contract. In the conclusion of the thesis, the demonstrating logic of the author is discussed and the specific viewpoint is highlighted again.