| "Internet plus initiative" has become synonymous with this era,and online shopping is a new lifestyle that has been so hot this year.All areas of the Internet have become the important position for pioneers.The concealment and variability of the Internet combined with the complexity and professionalism of drugs have led to many regulatory vacuums in the field of Internet medicine,which have produced various problems.Drug safety is related to the economy and security of country and the people’s livelihood.It is an area that the government must strictly supervise.Internet drug retailing directly faces to individuals.Therefore,it should be “zero tolerance” for illegal crimes such as selling drugs personally.It requires comprehensive and operational legal regulation of Internet drug retailing,and timely supervision of problems occurring in the real world to fill the regulatory vacuum.In the online shopping report of China’s Judicial Big Data Service Network,the author found that food,drugs,health products,cosmetics have a high probability of involving the lawsuit,reaching 95.3% of the online shopping,of which the drug lawsuit reached 27.22%,it can be seen that in the field of Internet drugs,consumers are more concerned about the protection of their rights because of drugs have the close relationship with life and health,but the field of Internet drug retailing has exposed many problems recently.China’s Internet market drug sales started late,but the development is very fast.The government issued a lot of relevant policies,involves access,drug information,medicine,business scope,and other fields,but for now,in the field of Internet drugs also did not form a perfect legal regulation system.This paper will examine and summarize the problems existing in the field of Internet drug retailing based on the investigation of the actual situation,starting from outgiving judicial decisions,administrative punishment cases,and news reports,based on the study of theoretical dilemmas.Through the legal regulations,regulatory systems,accountability,social co-governance and consumer protection,which are urgently needed to be resolved,suggestions for the legal regulation of Internet drug retailing are proposed.This paper is divided into four parts,mainly from cases to find the legal regulation defects of Internet drug retail,combined with theoretical knowledge and foreign practice,to explore the recommendations for solving the legal regulation of Internet drug retail.The first part is the necessity of analyzing Internet drug retail legal regulation.Through the case,the main problems of the existing Internet drug retailing are obtained and classified,and the current effective laws and regulations related to Internet drug retailing are sorted out,and the actual situation in law enforcement and justice are also investigated and analyzed.The second part is the dilemma analysis of the legal regulation of Internet drug retail.Through the pharmaceutical welfare and sales commerciality and the information professionalism and Internet convenience based on the information asymmetry theory to analyze the theoretical dilemma in this field,and summarize the problems of Internet drug retail legal regulation.The third part is the research on the legal regulation of extraterrestrial Internet drug retail.It mainly introduces the relevant systems of Internet drug legal regulation in the United States and Germany,and extracts institutional measures that are useful for China.The fourth part is to improve the research on the legal regulation of Internet drug retailing in China.Mainly through the improvement of laws and regulations,the reconstruction of the regulatory system,and the strengthening of legal accountability,the establishment of social governance,and the promotion of consumer protection and other aspects of the legal regulation of Internet drug retail. |
