The Research On The Legal Institution Of Healthcare Services Market Access In China

Healthcare services is closely related to the health and life security ofsocial public, so it’s one of government responsibilities to regular thehealthcare market in effect. The regulation represents on the market accesspolicy firstly, which restricts the number of business entities for solving theproblems of uncertainty or information asymmetry, externalities or publicgoods, supply-induced demand and realizing medical safety, market normalorder, good market mechanism. Then, the legal institution of healthcareservices market access is very important.Recently, medical-sanitary system reform is pushing at full steam inchina, and how to solve the problems of‘hard-and-expensive-to-see-a-doctor’ is concerned by the whole nationpeople. The argument whether themarket should be led by itself or thegovernment is still unconcerned. Therefore, it is necessary to study the legal institutions of healthcare services market access deeply to analyze itsproblem and set forth the improving suggestion. Thus this article will explorethe general theories of the legal institutions of healthcare services marketaccess of china. And finally, suggestions for the perfection of the legalinstitution will be proposed. Besides the preface and concluding remarks, thisarticle will include three parts and it will have about16,000words.The first part is discussion of general theories of the legal institutions ofhealthcare services market access. Firstly, after reviewing the concepts of‘healthcare services market’ and ‘legal institution of market access’, theauthor holds that the legal institution of healthcare services market accessmeans the general term of a series of laws and regulations which, for thesafety, stability and order, the best choice of medical resources deployment,are made by the government or country in light of lawful authority to regulatethe business entry criteria and producers. The institution has the characters ofdiversified regulating object, multi-levels and comprehensive regulationsystem, universal technical regulations, comprehensive regulating means andstrict legislation model and so on. Then from the value orientation,regulations nature two aspects, analysis the medical service market accesslaw system of economic law attribute, and determine its intrinsic value andthe external form and the correspondence of economic law, and the need of medical service market state intervention. This section is finally, from theeconomics, law two different perspectives, this paper outlines the medicalservice market access the theoretical foundation of the legal system. Themedical service market legal system is to solve the "market failure" demand,and supply of a commodity, and from a legal perspective, this system is fromeconomic security, social responsibility and fair value concept.The second part of our medical service market access of the legal systemof induction system. First, the author since the reform and opening in Chinamedical health system reform for time series, a study in different socialbackground and cure of the different stages of the medical service marketaccess of the legislation history of the legal system, and, on the developmentof the system into initial stage (1979-1991), formation stage (1992-2004),perfecting stage (2005-2012). Then, the author from the domestic marketaccess and international market access two dimensions, analyzes the medicalservice market access the main content of the law system, believe that thedomestic main divided into medical institutions access, medical personnelaccess, medical technology enters and large medical equipment access in fouraspects, and international market access is in the appropriate protection underthe mode of domestic market access content transformation. Finally, based onthe history of the above analysis and content on the basis of analysis, with China’s medical service market access features of the legal system, includingthe development of this law system to keep the frame of the consistency,regulation form from static confirmation to dynamicintervention, regulationfunction "anti-competitive" and "positiveprotection" progressive each other.In the third part of our medical service market access of survey andperfect the legal system. In this section, the author based on the above twochapters of the theoretical analysis and induction system and puts forward theChinese medical service market access problems existing in the legal systemand perfect recommendations. Main problems include: one is the medicalhealth system reform before the medical service market access regulationlegislation; the second is the medical service market access the regulatoryorganizations law enforcement efficiency is low; the third is the publicmedical institutions and the nonpublic are positioned not equally in themarket. Related improvement Suggestions include: the first is medicalinstitution needs a perfectmarket access regulation overall legislationframework; the second is constructing uniform, standard of medical servicemarket regulation institutions, to improve the efficiency of the lawenforcement; the third is to strengthen the government supervision and themedical service market behavior of the ability to relax admittance limitation,realize the public and public institutions are not equal status to provide security.