Electronic Monitoring Of Drugs Administrative Introspection

In essence, the drug electronic monitoring refers that the supervision departments implement the administrative power. The implementation process of the drug electronic monitoring is the process of the power implementation. The supervision departments should take the laws and regulations as the premise when implementing the administrative power. That is to say, the departments should perform the supervision rights under the premise of definite regulations of the laws and regulations. Besides, to perform such power should have the purpose of the public benefit. The supervision departments should regard guaranteeing the drug security as the purpose when performing the power. Meanwhile, during the performing, it is necessary to abide by the corresponding procedure. The hearing process and the information disclosure process are indispensable. Moreover, it is of great importance to focus on the administrative efficiency problem, and reach the best administrative effect with the minimum administrative cost.From the basis of the laws and regulations, the basis for the supervision department to carry out the laws and regulations of the drug electronic monitoring is insufficient. The existing Drug Administration Law and its enforcement regulations do not authorize State Food and Drug Administration to carry out this system. Besides, there are no related stipulations in other laws and regulations related to the drug administration. When the specific regulatory means is involved in the specific rights and obligations of the administrative counterpart, such means should have the law and regulation basis.From the application means, it is not proper for the supervision department to adopt the administrative order to implement the drug electronic monitoring. Without the corresponding procedure guarantee, the supervision department cannot apply the coercive force of the state to popularize the drug electronic monitoring and accelerate the drug production and sales enterprises to carry out the related work. At this time, that carrying out the drug electronic monitoring system is popularized without the sufficient law basis through the administrative order leads to the difficulty for the related persons to perform positive teamwork. Thus, the administrative director enforces the law towards the related persons who do not cooperate on such issue, which leads to the great increasing of the executive law enforcement cost. Besides, it cannot reach the goal pursued by the public interest.From the law purpose, the most importance of the drug electronic monitoring is to supervise the drug security, and guarantee the drug taking security of the public, which is also the most core purpose. The problems in the technology, law and implementation process of the drug electronic monitoring make the public have difficulty in inquiring the drug electronic information accurately and promptly. Therefore, the drug supervision department will also have difficulty in tracing the drug flow information, and it is also difficult to reach the core purpose of the drug electronic monitoring. So, with regard to the current implementation status, the drug electronic monitoring has not achieved the law purpose, or it should pay great cost to fulfill the purpose.Therefore, from the administrative law, the current drug electronic monitoring method violates the legality doctrine, rationality doctrine and propriety doctrine of the administrative law. It is of great importance to modify and improve this system, and ensure that the drug electronic monitoring should comply with the principle and spirit of the administrative law.