A Study On The Legislation Of "Pharmaceutical Division" Under The Background Of China 's Medical Insurance System

As China’s medical and health services continue to move forward, the medical and health system at this stage is not suitable for the development of social economy. Medical services are highly informative, professional and technical, and the medicine itself is unique. The factors including serious asymmetry of information in the medical field and the imperfect hospital compensation mechanism cause hospitals to have the tendency of market-based management with public welfare fading. That is to say, the phenomenon that drugs support doctors is intensified. Moreover, China’s medical insurance system develops very late, we lack of mandatory supervision of relevant laws to regulate the medical treatment and pharmaceutical, resulting in our difficult and expensive medical treatment.In view of the current status of medical treatment, I believe that China must actively explore the way that dividing the doctors and medicine. In the background of our existing medical insurance system, we should conduct relevant legislative research on separating the doctor and the medicine, dealing with the relationship between the hospital, the patient, and the "third party" of insurance agency, refining our legal system of medical insurance and increasing transparency of medical treatment system, so that we could form a social supervision and management system with Chinese characteristics of "Party leads, government charges, society coordinates, public participates" in order to embark on a successful health care reform road. Therefore, this article is based on the background of our current medical insurance system, describing the legal status of drugs and medical relationship and learning from foreign countries’ medical and pharmaceutical legislation experience. This article aims to analyze the disadvantages existing in the current medicine prices in the industry system based on the absence of legislation to arrive at the legislative necessity, feasibility and urgency of the separation of doctors and medicine. Finally, through the three aspects of development of relevant laws separating the doctor and the medicine, refinement of medical insurance regulations, and strengthening hospital reform and innovation, a sound legal system of separating the doctor and the medicine could be established in order to move forward the development of China’s medical reform.