On Conflict Of Interests Regulations In Food And Drug Regulatory

The conflict of interests in food and drug regulatory department is thecontradiction and interference between the personal interests of the public servant andthe public interests of the department. There are three types of COIs: the trading type,the influence type and the revolving type. Conflict of interests appears when a publicservant goes against his obligations, ignores the illegal behavior of companies, helpsthem hide the crimes, protects the illegal profit of the company and thus gainspersonal profit.The current COIs regulations include the Eight Prohibitions on Personnel in Foodand Drug Regulatory Department, Five Regulations on Integrity, Recusal Regulationson Personnel and Procedure, Three Prohibitions and Four Commitments in theIntegrity Booklet and so on. These regulations are aimed at regulating the freedom ofruling rights, the administrative behavior of the relatives of public servants. However,they are flawed in the respects of the recusal and banning regulations, declaration ofassets, disposal of gifts and supervision.The COIs regulations in the US has achieved great success. Many laws have beencarried out, such as the declaration of assets. The declaration items include theincome of work, investment, trading, gift-receiving, and outside activities. Thedisposal of COIs include recusal, responsibility removal, blind trust and so on. TheFDA of America has enforced many measures to deal with the COIs of professionalexperts in the approval of new drugs and the clinic trial.Based on the comparison with the conflict of interest regulatory system in thedeveloped countries, especially in the US, the paper analyses the current food anddrug regulatory system and its anti-corruption mechanism, debates on the necessityand feasibility of building a legal system of conflict of interests in the food and drugregulatory system, and designs the ideology aims principles and context of conflict ofinterests regulations in the food and drug regulatory system. To be more specific, weshould build the code of conducts for food and drug regulatory personnel, the assetsdeclaration and disposition system of law enforcement staff, recusal system, presentdeclaration and disclosure system and the conflict of interests of drug-approvalprofessions. Through the implementation and enforcement of conflict of interests lawsin the food and drug regulatory system, we are bound to guarantee administrative system of integrity and thus promote the legislation of anti-corruption system in foodand drug regulatory.