Research On Legal Problems Of The Supervision And Administration Of Pharmaceutical Retail Enterprises In Shanghai

In recent years, more and more drug safety events were exposed by the media. In2012, the media exposed a series of drug safety events like "XiuZheng to Toxic Capsule","GuangYao Vc Yinqiao Tablets" and so on. How to ensure the safety of drugs becomes the focus of the society. As a special product, drug can cure illness and keep healthy while it will pose a threat to our health if we take it wrong. Unlike the Pharmaceutical Manufacturing and Wholesale Enterprises, the Pharmaceutical Retail Enterprises face the consumers directly. Therefore, Pharmaceutical Retail Enterprises have a magnificent responsibility to ensure the drug safety. With the improvement of living standard, people pay more and more attention to ego health care." Disease to the hospital, illness to the pharmacy" becomes a normal phenomenon and our Pharmaceutical Retail Enterprises spring up. As a result, making sure the Pharmaceutical Retail Market develop healthily and protecting people from drug safety problems, become the most important work of the drug safety protection.This research begins with the Pharmaceutical Retail Enterprises’theoretical matters and practical matters in Shanghai. And in order to get practicable advices to the improvement of the supervision and management system of the pharmaceutical retail enterprises in Shanghai, this research has a study on the system of Shanghai Municipal Drug Administration, analyzes the legislative problems and practical problems in the supervision and management system of the Pharmaceutical Retail Enterprises in Shanghai, and compares with the drug supervision and management system of America and Japan. This research complies four parts:the first part introduces the supervision and management system of the Pharmaceutical Retail Enterprises in Shanghai. This part consists of the introduction of pharmaceutical retail enterprises, the introduction of the supervision and management system of the Pharmaceutical Retail Enterprises in Shanghai, and the present situation of the Pharmaceutical Retail Enterprises in Shanghai. The second part analyzes the legal problems of the supervision and management system of the Pharmaceutical Retail Enterprises in Shanghai. This part has a study on the balance between rights and duties in the supervision and management system, the market access system, the restrictive provision on the distance of new-built Pharmaceutical Retail Enterprises, the legislation of Licensed Pharmacist, and the other legislation problems in the supervision and management system of the Pharmaceutical Retail Enterprises in Shanghai. The third part introduces some advanced measures in supervision and management system of the Pharmaceutical Retail Enterprises in America and Japan. And this part concludes the advanced measures in the market access system, the administrative penalty, the pharmacists association, the formation of enforcement officers of the supervision and management system of the Pharmaceutical Retail Enterprises in America. And also this part has an introduction to two judicial reviews of the restrictive provision on the distance of new-built pharmaceutical retail enterprises in Japan. The fourth part gives legislative advices and practical advices to the improvement of the supervision and management system of the Pharmaceutical Retail Enterprises in Shanghai. The legislative advices consist of unifying the legislation and improving the legal system, calling off the restrictive provision on the distance of new-built pharmaceutical retail enterprises, enacting the Licensed Pharmacist Law, strengthen the responsibility of the legal system. The practical advices consist of amalgamating market access system, introducing professionals into enforcement officers, enriching the administrative measures, introducing the Public Interest Litigation.