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Units of Drug Use on Drug Control Legal System Deficiencies and Legislation

Author: LiMo
Tutor: LiHongXiang
School: Jilin University
Course: Legal
Keywords: The Legal System of Supervising Drug Use Defect Perfect
CLC: D922.16
Type: Master's thesis
Year: 2011
Downloads: 99
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Abstract

"Qi Er Yao", "Xin Fu", "Acanthopanax", "SHL" ... ... In recent years, the repeated occurrence of the injury events resulting from drugs arouses the government, society and people to pay more attention to drug safety. Drugs are specific products concerning people’s health and life safety, so the nation attaches great importance to strengthening drug quality control, and has stipulated for“Drug Administration Law”,“Measures for the Implementation of the Pharmaceutical Administration Law”, and many other laws and regulations to further regulate the pharmaceutical development, production, operation and use, etc, which have achieved better results. However, in the entire chain of drug administration, it is weak of drug supervision in drug use units. Providing for the public with health care, preventive health care and other comprehensive services, medical institutions and other drug use departments are the terminal part of drug use. Therefore, only effectively regulating and supervising the medication management in drug use units can realize the true purposes of "safeguarding human drug safety, and safeguarding the rights and interests of people’s health and legal drug use".Starting with the basic theory on the supervision of drug use in the drug use units, this paper analyzes the deficiencies existed in the supervision of drug use in the drug use units at the present stage, and discusses the way to perfect the legal system of supervising drug use in the drug use units. The paper is divided into three parts: first, the legislative value, history and current situation of the legal system of supervising drug use in the drug use units of our country; second, the deficiencies of the legal system of supervising drug use in the drug use units of our country and their causes; third, the reflection on how to perfect the legislation of the legal system of supervising drug use in the drug use units of our country.The first chapter is about the legislative value, history and current situation of the legal system of supervising drug use in the drug use units of our country. In the first section, the paper expatiates on the meaning and scope of the drug use unit, and the meaning of the legal system of supervising drug use in the drug use units, then pointed out that on account of the exclusive, dual nature, time critical and invaluable features of drugs, it is of important legislative value to establish the legal system of supervising drug use in the drug use units of our country, which is necessary for ensuring the quality of drug, protecting people’s livelihood and social equity. In the second section, the paper focuses on the supervision system of drug use in the drug use units since post-1949 up to the present, the historical development of which includes five stages: a management system initially established at the beginning of country foundation, the supervision system of drug use damaged seriously, the supervision system of drug use under the planned economy, at the beginning of the market economy and in present stage.In the third section, the paper reviews the status of the supervision system of drug use in the drug use units of our country at the present stage, through introducing the legislation status of the drug use supervision in the drug use units, the status of supervision team, the status of the supervision content and the status of supervision efficiency.The second chapter is about the various deficiencies of the legal system of supervising drug use in the drug use units of our country and their causes. The paper mainly explains the deficiencies through four aspects: the lack of rules of law, the unreasonable setup of the supervision organizations, few executive officers of professionalism, the technological lag of the drug inspection organization. The lack of supervision law on drug use is mainly reflected from the incomplete rules of law, , poor maneuverability, and no“Licensed Pharmacist Law”. The unreasonable setup of the supervision organizations is mainly represented on the difficulty to form a unified management model in the levels, no special drug management section at the section setup, the overlapping management and the unclear responsibility and power about the division of responsibilities. Analyzing all-round causes aimed at the deficiencies, the paper mainly discusses from five aspects: the late beginning and the slow development, deep-rooted thinking of regarding prescription but belittling dispensing, the inadequate legislation and the delayed update, the single supervision mode and the low efficiency, and lack of incentive mechanism for drug supervision.As the principal part of the paper, the third chapter is about the reflection on how to perfect the legislation of the legal system of supervising drug use in the drug use units of our country.This chapter is divided into two sections. The first section is about American and German legal systems of supervising drug use in the drug use units and the implications; the second section tells the suggestions about how to perfect the legislation of the legal system of supervising drug use in the drug use units of our country. The second section is the important part to state. Because it is a long, complex process to perfect the legal system of supervising drug use in the drug use units of our country, aimed at the deficiencies of which mentioned above, the author tries to break a fresh path of supervision, through exploring some aspects such as perfecting the legal system, strengthening organization reform, improving the quality of personnel and strengthening capacity to drug testing and so on, and learning from foreign advanced management mode. Legislative suggestions proposed in this chapter are:First, the main measures to improve the legal system of supervising drug use are: to further amend the“Drug Administration Law”; to develop“GUP: Good Use Practice”; to develop“Licensed Pharmacist Law”; to enact and revise the regulations and rules of drug use management.Second, the main measures to further improve the organization reform are: to setup the special section with specialist; to setup the vertical management system of drug supervision; to avoid overlapping functions by separation of dispensing from prescription.Third, the major measures to improve the personnel system of the pharmaceutical law enforcement officials are: to establish the rational personnel allocation system of drug supervision; to establish and improve their appointment system; to establish and improve the dual management mechanism of the drug supervision personnel; to perfect the cadre training system; to establish the system of staff reward and punishment.Fourth, improving the capacity to drug test ensures drug quality.

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