China’s Pharmaceutical Market Competition Legalregulation Research

Medicine is to prevent and cure diseases, protect the health of the special commodity. The pharmaceutical market is drug production, circulation and consumption of various sectors of the basic vector. The specificity of drugs decided we must on drug market, reasonable legal regulation:on the one hand, we should vigorously develop the drug industry, and continuously meet the people’s demand for the drug; on the other hand, must try to maintain the drug market orderly order, cogent safeguard people’s safety. Among them, drug market competition is the main object of legal regulation of drug market and key elements. Under the condition of market economy, the pharmaceutical market is the inevitable trend of the development of drug market; the drug market competition is the inevitable product of market of drug of. Drug market competition based on the running state and the effect of different:fair and free competition can maintain drug market efficiency and vitality; and disordered and distort competition will destroy the market of drug of good running and damage the interests of consumers of drugs.In order to maintain the pharmaceutical market fair and free competition, inhibition of the disordered and distortions of competition, we must carry on the effective legal regulation. In fact, only carries on the effective legal regulation, drug market competition truly" Li huimin". However due to drug the low level of marketization, reform of the medical system lag, drug market competition legal regulation of lack and macro management of the government function disorders as well as supervision for many reasons, China’s pharmaceutical market competition situation unsatisfactory, as a concrete manifestation of market competition is insufficient, the disorderly competition phenomenon is relatively common, especially unfair competition and exclusion of competition is more prominent. China’s unfair competition in drug market mainly for commercial bribery in pharmaceutical drugs, false propaganda, drugs and pharmaceutical representatives overflow of fake and shoddy. The pharmaceutical market limitations preclude competition is mainly embodied as drug market monopoly agreements, abuse of dominant market position of medical institutional pharmacy and pharmaceutical market administrative monopoly. Based on China’s pharmaceutical market competition situation, to further promote the development of drug market, further improve the drug market competition legal regulation is at the root of the problem, be badly in need of. Therefore, the author in this paper from a legal and empirical two angles, on China’s pharmaceutical market competition legal regulation of reality has carried on a more comprehensive consideration, and a comparative analysis of the foreign developed countries and areas of medicine market and competition legal regulation, and then from the lessons and comprehensive perspective on Chinese pharmaceutical market competition law regulation and puts forward some suggestions and thoughts, the author, infer other things from one fact, a common commitment to China’s pharmaceutical market’s healthy development and operation. In this paper, except the introduction is divided into three parts:The first part focuses on the analysis of Chinese pharmaceutical market competition legal regulation of reality. This section to define drug market as a starting point, and then explains the drug market competition legal regulation of connotation, and then discuss our country drug market competition legal regulation necessity and urgency, the final analysis of Chinese pharmaceutical market competition situation and its legislation on.The second part of the comparative analysis of foreign developed countries and regions of the drug market competition legal regulation. The United States, Japan and the European Union and its member states in the pharmaceutical market operation and competition legal regulation as the foundation, and then explain some of China’s pharmaceutical market competition legal regulation has draw lessons from a meaning of enlightenment.The third part focuses on the improvement of drug market in China and puts forward some thoughts and suggestions of competition legal regulation. This part to the first part of the drug market competition legal regulation of the general analysis as the basis, and the second part of the reference and absorption of foreign beneficial enlightenment, finally puts forward some improving China’s pharmaceutical market competition legal regulation of thoughts and suggestions.