Research On Medical Health Supervision Law In China

Medical and health supervision department is to enforce various medical institutions in accordance with national health administrative laws and regulations.It main function represented in strengthening the protection of national health rights and protecting the development of public health.It plays an irreplaceable role in safeguarding national health,protecting citizens' health rights and consummating the healthy China strategy.Most of the previous theoretical research on medical and health supervision just focused on its own material supply,such as the number of personnel,financial security,workplace,and necessary law enforcement tools.However,only few researches studied on how to build a health supervision system which is suitable for the very new situation origin from the perspective of administrative laws.This reality has also led the development of medical and health supervision encountered with more and more problems.With data analysis,the current medical and health supervision crisis mainly represents on four major problems.The first problem is came from the law enforcement power of health supervision.Health supervision itself does not has an independent power of supervision and law enforcement,and cannot enforce the law in accordance with its own actual will.The second problem is that in terms of work functions,medical and health supervision has many contents and quite wide range,which requires high professionalism of supervisors.But the lack of independent law enforcement power has enormous negative effect to the work.The third problem is the legal design system.The current health law and regulations system lack institutionalize,with large numbers of departmental regulations and quiet messy.In addition,many law and regulations of medical treatment didn't get updated,so it is difficult for many new-born medical technologies to be effectively monitored.The fourth problem is that with large degree of legal risks to the supervisors,the law enforcement means are limited,and the supervisory work is often passive.The key to solve the dilemma existed in medical and health supervision system is to build a new and efficient administrative law enforcement system.By analyzing the past researches,the author proposes "core four links" in medical and health supervision.The first part is to establish and improve the prevention of supervision system.By using network big data to improve the accuracy of risk assessment,which can achieve accurate prediction,and make good preparations.The second part is to create a warning supervision system in medical and health department.which can achieve low-cost prevention of serious illegal crimes,and to link illegal information to multiple government departments,so that the law-breakers can't do anything.The third part is to use effective law enforcement methods by health supervisors,to strengthen the new law enforcement methods such as "randomness and openness",which can implement precise law enforcement instead of full covered inspections,and can improve the law enforcement accuracy.At the same time,we will strengthen the supervisor's own learning will and develop a good administrative legal thinking habit.Supervising agencies should obey the laws,strictly control the quality of administrative law enforcement files.The agencies need to standardize the quality of medical and health supervision as an necessary starting point to create an efficient medical and health supervision system.By using the above four methods,with the cooperation of the health administrative department and other government functional departments,we will jointly improve the overall quality of medical and health supervision.If the template as a feasible way for future work was useful,can we contribute an useful experience to explore the smooth progress of national's medical system reform.