The Research On The Regulations Of Disposing Confiscatory Medicines And Medical Devices

The three ways of disposing confiscatory property, which aredestruction, auction and disposing according to the relative laws, areformulated by the article53of The Administrative Penalties Law of thePeople’s Republic of China. However, the law didn’t explain clearly how todestroy and how to auction，which confused the institution of administrativeenforcement.Any way of disposing confiscatory medicines and medical devices facesa lot of problems. In the first place, it is harmful to environment to destroyconfiscatory medicines and medical devices by soaking or burning.Poisonous gases will be emitted if we burn medicines. These gases willpollute our atmosphere. Water will be polluted by heavy metal if we soakmedicines. In the second place, resources will be wasted if we destroy thequalified medicines and medical devices. Because resources are limitednowadays, wo must make the best of the few resources we have. Finally, weauction or contribute confiscatory medicines and medical devices according few laws or regulations. So we can’t confirm that it is legal or not.Medicines and medical devices are not common goods which are inshop store, and they are important to people’s health. But no laws,administrative regulations and local regulations, and rules stipulate how todetroy or how to auction.So, for the purpose of protecting environment, saving resources, andprotecting people’s health, this paper will be written from three aspects whichare the laws, administrative regulations and local regulations, and rules, andstructure a frame of regulation to guide how to dispose confiscatorymedicines and medical devices.