Research On Administrative Coercive Measures Of Drug Supervision

As a risky commodity to help maintain human health,drugs are also risky,and the lack of good supervision of drugs can easily cause drug-related incidents that endanger public health.In recent years,the frequent occurrence of drug-related incidents reflects the inadequacy of China’s drug regulatory system,it is necessary to further improve the level of drug regulation to ensure the safety of the people’s medication.However,it should be noted that the improper exercise of administrative coercive measures may cause damage to the rights and interests of the counterparts and affect the credibility of the government,so how to adjust the administrative coercive measures for drug regulation and reach a balance between maintaining the effectiveness of drug regulation and protecting the rights and interests of the counterparts? Therefore,how to adjust the administrative coercive measures of drug supervision and achieve a balance between maintaining the effectiveness of drug supervision and protecting the rights and interests of the counterparts is an objective to be explored.At present,scholars in China have studied the general part of administrative coercive measures such as types,settings,subjects and procedures in depth,but have less knowledge about the administrative coercive measures in departmental administrative law.The author combines the current provisions of China’s drug regulation and administrative coercion in the actual law,the current drug regulatory administrative coercive measures and their shortcomings to sort out,in the absorption of foreign drug regulatory experience on the improvement of China’s drug regulatory administrative coercive measures put forward targeted recommendations.In the first chapter,the author analyzes the concept and justification of administrative coercive measures for drug supervision,pointing out that administrative coercive measures for drug supervision are the materialization of administrative coercive measures in the field of drug supervision and the constitutional requirements for the protection of citizens’ right to health and body and the practical needs in practice justify the implementation of administrative coercive measures in the field of drug supervision.The administrative coercive measures of drug supervision continue the characteristics of high setting power of general administrative coercive measures in terms of setting power.After the analysis of the current drug regulatory enforcement means,the author believes that the current drug regulatory administrative coercive measures include drug seizure and seizure,drug sampling and testing,drug site inspection and drug registration and preservation four categories.In the second chapter,the author summarizes the current system of administrative coercive measures for drug supervision in China.The author starts from the implementation of the subject,the source of substantive law,the source of procedural law and the relief system,pointing out that the implementation of administrative compulsory measures for drug supervision relies on the cooperation of many types of subjects,and the source of substantive law contains both hard law sources guaranteed by coercive force and soft law sources typically represented by drug standards.The author analyzes the current procedural provisions of various types of drug regulatory administrative compulsory measures and summarizes the current status of external remedies for drug regulatory administrative compulsory measures.In the third chapter,the author analyzes the difficulties that China’s drug regulatory administrative coercive measures have fallen into in practice.In the implementation of the main body of the organs in the administrative compulsory measures of drug supervision is not fluent in the interface between the executive and the criminal;in the substantive sources of uncertainty in legal concepts,especially the empirical legal concept is not clear,affecting the application of the law,confusion in the system of drug standards,the existence of multiple types of standards for similar drugs;drug supervision administrative compulsory measures of the procedural provisions of the logical contradictions,resulting in loopholes in the protection of the procedural rights of the relative or expand Drug regulatory authorities litigation risk;drug regulatory administrative coercive measures of the lack of effectiveness of the administrative review of the review of the low rate of change;administrative litigation is the lack of a statute of limitations is difficult to effectively remedy the rights of the relative in a timely manner.In the fourth chapter,the author conducts a comparative analysis of the coercive measures used in drug regulation in the United States.After sorting out the drug regulatory system in the United States,I found that although the differences in national conditions and legal systems make the overall institutional arrangements for drug regulation in the two countries differ greatly,the institutional experience of drug regulation in the United States has certain guiding significance for the improvement of administrative coercive measures for drug regulation in China.The U.S.drug regulatory means of seizure and detention after the hearing process and by incorporating technical regulations to refine the benchmarks for the initiation of drug regulatory coercive measures is of reference.Chapter 5 of the author on the specific problems of China’s drug regulatory administrative coercive measures proposed in Chapter 3,based on the absorption of the U.S.drug regulatory experience,respectively,to put forward targeted recommendations.These recommendations cover all aspects of administrative coercive measures for drug regulation.They will help to improve the cooperation between the implementation organs of administrative coercive measures of drug supervision,improve the loopholes in the substantive law of administrative coercive measures of drug supervision,fill the procedural deficiencies of administrative coercive measures of drug supervision,and enhance the relief effect of administrative coercive measures of drug supervision.The author puts forward the above suggestions in order to help China build a more perfect system of administrative compulsory measures for drug supervision.