Study On Legal System Of The Pooled Drug Procurement In China

Drugs of quality, safety, and reasonable price are the important protection to realize the right to survival and the right of health and property. In order to decrease drug price, gradually solve the problem of high cost on seeing doctor, realize the legitimate rights of citizens, China established the legal system of pooled drug procurement. However, due to various reasons, this legal system did not fulfill its function adequately. Suspects and disputes on this system have never stopped and, to some extent, affected the further development of this legal system. Therefore, it is quite necessary to discuss the importance and reasonability of this system, analyze the problems and difficulties this system currently faced, and make suggestions on the way to solve these problems.In this article, the author used such legal study methods as historical study, comparative analysis and interest analysis. From the perspective of combining theoretical discussion with practice, this article discusses the importance and reasonability of the legal system of pooled drug procurement, analyzes the problems and difficulties this system currently faces, and makes suggestions on further improvement.This article is composed of introduction, body and conclusion.In introduction, the author raises the problem and briefly explains the purpose and discussion topics of this article.The body is composed of four chapters.ChapterⅠ,briefly introduces the legal system on pooled drug procurement, including the historical development of this legal system, discussion on several characteristics of the current system, such as highly pooled, government oriented, compressed sales chain, and clearer requirement on specific work. This introduction provides basis for further discussion.ChapterⅡ, discusses the legal implication of pooled drug procurement from the perspective of the rights to survival and the right of health and property, so as to address the suspicion on this legal system. This article tries to prove the reasonability of this system from the perspective of service government theory, the reality of drug market and the essence of public hospital, and the implementation efficiency. This article uses the practice of Hong Kong, Austrlia and some developing countries as proof. At the same time this article indicates the limitation of this legal system.ChapterⅢ, analyzes the problems existed and problems faced by the current legal system on the pooled drug procurement of China, from the two perspectives of the system itself and legal environment. In terms of the system itself, related law and regulation of this system is of low level, the bidding process has no quantity limitation, the arrangement to ensue in time reimbursement from medical institutes and the management measures on bidding evaluation experts are not adequate, the bidding evaluation method is not good enough and the participation arrangement of stake holders is not scientific. In terms of legal environment, legal arrangement on drug company approval is not well designed. Legal institution on new drug registration is seriously defected. Reimbursement arrangemrnt to medical institutes is flawed. Medical insurance legal system is not adequate. Supervision and management legal arrangement for medical institutes is messed. All these points provide targets for the legal systems improvement.ChapterⅣ, makes suggestions on how to improve the legal system of pooled drug procurement. In terms of the system itself,this article suggests to issue law on pooled drug procurement in terms of legislative forms,carry out procurement of quantity requirement, establish arrangement to ensure in time reimbursement to medical institutions, improve the management on bidding evaluation experts and bidding evaluation methods, and establish scientific stake holder participation mechanism. In terms of legal environment, suggestions to improve drug manufacturer registration, new drug registration, medical institute reimbursement, and management on medical insurance and medical institutes are made.The last part is conclusion, which is the summery of viewpoints of this article.