The Defect Of The Current Centralized Pharmaceuticals Purchase System And Improvement

In2010，as attonrey for the plaintiff，the author took part in an administrative lawsuit of apharmaceutical production enterprise V.S the health administrative department the plaintiffclaimed that the illegal result of the centralized pharmaceuticals purchase infirnged itseconomic interests. Atfer reported，the people all pay close attention to the centralizedpharmaceuticals purchase system，so as the author. Because of this lawsuit, the author can getthorough knowledge of this system. The pharmaceuticals purchase system in our countrychange from the decentralized procurement carried out by the public medical institution whois the tenderee to the joint procurement carried out by the public medical institutions, then tothe centralized procurement governed by the provincial government. This change processshow the feature of the pharmaceuticals purchase system is that using the administrativepower to solve the problem of the market mechanism failure in pharmaceuticals purchase.The structure of the pharmaceuticals purchase organization display the purpose of this systemis to reduce the medical expense by using the power. The pharmaceuticals purchaseorganization, control the procurement process from draw up the procurement plan toimplement the result, is composed by the related administrative agencies. As the view of theadministrative regulation research, there is only ruled by the administrative power can controlall the kinds of social affairs. The initiative and lfexible administrative power is moreeffective and powerful than individual or group to deal with the general social affairs. Theadministrative pharmaceuticals purchase organization can cut the interests chain between thepublic medical institutions and the pharmaceutical production and circulation enterprises，canreduce the medical expense, in order to hold the stable of the medical supply. However, it isknown that the administrative power along with power rent-seeking, increasing administrativecosts, administrative monopoly, unfair distribution of resources and low service eiffciency.The structure and power management of the pharmaceuticals purchase organization iscontrary to the government procurement law and the tendering and biding law, which result inthe diiffculty to define the legal nature of the pharmaceuticals purchase organization. Thedefect of the current centralized pharmaceuticals purchase system in power arrangement,evaluation program and remedy procedure cause large problems, such as corruption, marketdisorder and high medical pirce. The reformation is extremely urgent; the activity in Minhangdistirct, Anhui province, Chongqing province and Guangzhou province can give us some inspirations. The centralized pharmaceuticals purchase system can not solve the entireproblem. To reduce medical price, we must do with the aid of the public medical institutioncompensation mechanism，Pharmaceutical production quality supervision system, thepharmaceutical industry autonomy，drug price control system and medical insurance paymentsystem. When all the systems can run favorable, the new “rfee competition under thereasonable highest price” pharmaceuticals purchase system can establish finally, just so，themarket regulation and the administrative regulation can unite together. This new systemrealize that the balance between market competition vitality and stable livelihood, reduce themedical burden efficiently.