On The Medical Hidden Rules

Various kinds of disorders like bribe money and medical rebate appear in China’s medical and health industry. These disorders are related closely to the medical hidden rules.In the medical profession, the medical hidden rules are becoming "normative facts" which are binding on the staffs of medical institutes in practice,like Roscoe Pound`s‘law in action’. How should us to analyze and treat these hidden rules are core theme of this paper.This paper is divided into five parts.The first part is introduction.This paper introduces the present research situation of the medical hidden rules and elaborates the research significance of the medical hidden rules.In the second part of this paper, through interviews, the typical performance of the medical hidden rules, the constituent elements and characteristics are analyzed. This paper believe,the main performance of the medical hidden rules is the rebate phenomena of medical supplies and medical apparatus;It`s structure and elements are similar to rules of law. Both of them have certain assumed conditions, have a certain pattern of behavior, and have strong will of disciplinary consequences when in the breach; At the same time, the medical hidden rules have three characteristics, great concealment, survival is spontaneous, specific times of institutional transition, and for the purpose of the utility to grab the interests.The third part of this paper focuses on the "supply of discretion" to analyze the mechanism of the medical hidden rules. This paper argues that the transformation of medical reform after a series of policy and management rules created spaces for the breeding of the medical hidden rules. At the same time, this paper analyzes the development mechanism of medical unspoken rule from supply and demand perspective.The demand market for doctor`s "supplying discretion" is increasing so the doctor can easily abuse the right to prescribe. With the influence of social atmosphere, after the reform and opening up, the massive physicians willing to break the moral bottom line and "Moral man" `reality measure leading to the surrender to "rational person". The two conditions cause the power to be abused.The fourth part of this paper briefly analyzes the three negative effects of the medical hidden rules, caused social injustice, incited the medical corruption; resulted in waste of resources, curbed the pharmaceutical innovation; irritated doctor-patient relationship, resulted trust crisis.In the fifth part, this paper shows the measures to smother the medical hidden rules, to regulate the core elements of the medical hidden rules, to improve other legal rules, and to strengthen the education of professional ethics.