The state administration of traditional Chinese medicine TCM legislation about it

Time: 2015-12-09

Source: the state administration of traditional Chinese medicine

A, making the importance and necessity of the method of traditional Chinese medicine

Is the Chinese nation excellent culture of Chinese medicine, is China's special features and advantage of medical science, is an important part of national medical health, not only made important contributions for the development of Chinese civilization, and a positive influence on the progress of world civilization. In recent years, the CPC central committee and state council attaches great importance to the development of the cause of Chinese medicine, formulated a series of strategies and policies of protection, support, and development of traditional Chinese medicine, for the development of traditional Chinese medicine provides a powerful policy guarantee, cause of traditional Chinese medicine has made great progress. Traditional Chinese medicine as a health, economy, science and technology, culture, the role of ecological resources continuously, and the people more and more trust and choice of traditional Chinese medicine service. Medical service system, talent cultivation system of traditional Chinese medicine, science and technology innovation system to further improve, major disease prevention and control of traditional Chinese medicine, prevention, health care services and grass-roots service capacity improved significantly. Inheritance and innovation of traditional Chinese medicine was intensified, the size of the personnel quality improving. The increased development and protection of Chinese medicine, Chinese medicine industry development level to further improve. National pharmaceutical enterprise sustainable development. Cultural heritage of traditional Chinese medicine and external exchanges and cooperation, the growing influence in the world. But also should see soberly, development of traditional Chinese medicine still faces many difficulties and problems. One is from the service demand, service resources, service system and were not adapted to the requirements of the people. From the current situation of the development view, the special advantage of TCM hospitals play enough, also to strengthen the service ability, talent team being confronted with lack of coexist of traditional Chinese medicine, the significant theory and the key technology such as inheritance and innovation is not enough, the lack of new breakthrough. Three from the system construction, some of the current policies and regulations and characteristics of traditional Chinese medicine pattern does not adapt, largely affected the characteristics of TCM advantages into full play. Four from organization guarantee, management system of Chinese medicine and assume the responsibility of the task does not adapt, dispersing of the management function, the traditional Chinese medicine, regulatory power is weak, especially under the provincial management system is not sound, "the last kilometer" problem is outstanding. Five from international status, China's traditional medicine great-power status has been South Korea, Japan, India, Thailand, Singapore and Europe and the United States and other countries and regions, challenges, overall cultivation of traditional Chinese medicine industry is not enough, traditional medicine in the standard control in areas such as international competition for forming in China. Some of the world's countries and regions such as India, Sri Lanka, 54 countries such as South Korea has the special laws of traditional medicine, mechanism of formation of reversed transmission in our country.

As quintessence of traditional Chinese medicine is the treasure of the Chinese nation, there is no law as guarantee, social discrimination and negative, cancellation, traditional Chinese medicine of traditional Chinese medicine of traditional Chinese medicine phenomenon occurs frequently, it is easier for a trouble making waves, it greatly influenced the development of the cause of Chinese medicine, even will cause the cause of Chinese medicine in some low tide. At present, the field of traditional Chinese medicine legal construction relative lag, especially the lack of a special laws embody characteristics and rules of Chinese medicine, this is the restriction of traditional Chinese medicine career, sustained, stable and healthy development of the important reasons. Quintessence for a national law guarantee, therefore, is very necessary to strengthen the construction of the rule of law of Chinese medicine, from the level of national legislation, to develop a special laws embody characteristics and rules of Chinese medicine, the development of the CPC central committee and state council on policies and regulations of traditional Chinese medicine fixed in the form of law, the masses of the people for service expectations and requirements of traditional Chinese medicine fixed in the form of law, to protect the inheritance of traditional Chinese medicine, promote the innovation of traditional Chinese medicine, Chinese medicine play a good characteristics and advantages, promote reform and development of career of Chinese medicine, promote the modernization of traditional Chinese medicine industry management system and management ability, to further play the five kinds of TCM resources superiority, promotes the deepening the reform of medical care system, to solve the people "see a doctor" difficulty and high cost problems, explore "with the Chinese way to reform the worldwide problem solving", build a basic medical and health care system with Chinese characteristics, is of great significance to maintain and improve people's health. At the same time, our country is the birthplace of Chinese medicine, is a traditional medicine, Chinese medicine has spread to more than 170 countries and regions of the world, in the development of the world traditional medicine always maintain leading position. Formulated the method of traditional Chinese medicine, to cope with the international society "reversed transmission mechanism" for the development of traditional medicine, protection of traditional intellectual property of traditional Chinese medicine, promote to the world of traditional Chinese medicine, service "area" national strategy, promote Chinese excellent culture and improve our country's cultural soft power, leading the world traditional medicine development also has important significance.

Second, make the traditional Chinese medicine act conditions mature

(a) of the CPC central committee and state council attaches great importance to the legislation of Chinese medicine

The party and the state attaches great importance to the development of the cause of Chinese medicine, the report clearly put forward to the party's 18 "insist on equal emphasis on Chinese and western medicine, supporting the development of traditional Chinese medicine and the folk medicines of ethnic minorities". "The central committee of the communist party of the opinions of the state council on deepening the reform of medical health system" stressed "to speed up the legislative work of traditional Chinese medicine". The method of traditional Chinese medicine, twelfth session of the standing committee of the National People's Congress listed in the five years planning legislation, and this year will be the traditional Chinese medicine act included in the 2015 legislative work. The state council about support and promote the development of the cause of Chinese medicine several opinions pointed out that "actively promote the legislative process of traditional Chinese medicine, perfect the laws and regulations". The central leading comrades of the Chinese medicine is also very concerned about the rule of law construction, October 30, 2014, when liu yandong deputy prime minister and national physician master on behalf of the discussion, special emphasis to implement the spirit of the fourth plenary session of the party's 18, accelerate the legislation process, perfecting the legal system of Chinese medicine, improve the level of legalization of the management of traditional Chinese medicine. Demand for the legislation of Chinese medicine, pointed out the direction.

(2) speed up legislation practice the method of traditional Chinese medicine has a good foundation

"The constitution of the People's Republic of China" stipulated in article 21 "development of modern medicine and traditional Chinese medicine", has established the legal status of Chinese medicine and other traditional medicine, for the development of traditional Chinese medicine provides the fundamental legal basis and legal system construction, the Chinese medicine ordinance, and a series of medical laws and regulations related to the TCM one after another, for the method of traditional Chinese medicine also laid a good legal basis. Actively promote the legislative work of traditional Chinese medicine, now 26 provinces, autonomous regions and municipalities across the country had been introduced a local rules and regulations of traditional Chinese medicine, to offer a lot of useful experience for the establishment of TCM method. In addition, foreign legislation of traditional medicine, also provides a lot of can draw lessons from the experience.

(3) speed up the method of traditional Chinese medicine has good policy environment

Since the founding of new China, the CPC central committee and the state council, formulate a series of relevant policies and regulations of traditional Chinese medicine, especially on the support and promote the development of the cause of Chinese medicine several opinions (guo fa [2009] no. 22), fully affirmed the traditional Chinese medicine scientific and cultural value, historical contribution and position and important role in the reality, further reiterated that the development of traditional Chinese medicine enterprise's guiding ideology, basic principles, clearly put forward the policy measures to support and promote the development of Chinese medicine. The state department also successively promulgated the "traditional Chinese medicine health service development plan (2015-2020)" and other special planning, laid a good policy basis for legislation of Chinese medicine.

(4) speed up the method of traditional Chinese medicine has a good opportunity

Further implement the scientific development concept, with the focus on improving people's lives accelerating social construction, cause of traditional Chinese medicine get unprecedented attention, along with the steady and rapid economic growth, the social security system gradually perfect, pay more attention to ensuring and improving people's livelihood, significant improvement environment and conditions of the development of Chinese medicine, Chinese medicine service will markedly enhance its vitality, impact on the long-term development of Chinese medicine system, institutional problems of exploration and had obvious change, at the same time, it proposed to accelerate the legislation of Chinese medicine greater expectations.

The whole society, especially to the National People's Congress and CPPCC very concerned about and support the construction of legal system of Chinese medicine, on the previous two sessions, are representative of the National People's Congress and the Chinese people's political consultative conference committee member calls for legislation of TCM, especially with the further development of medical and health system reform, reform direction and the spirit of further clear, the request as soon as possible, a method of traditional Chinese medicine is becoming more and more high, traditional Chinese medicine industry to establish a method of traditional Chinese medicine is more eagerly to look forward to. In addition, as people's living standards continue to improve, to enhance health awareness, the growing demand for traditional Chinese medicine knowledge and services than ever before, to consolidate and expand the mass base of development of Chinese medicine, Chinese medicine also industry administration according to law and governance puts forward new requirements, in accordance with the law in our society to speed up method of traditional Chinese medicine is very concerned about.

Three, the traditional Chinese medicine act legislation ideas and plans to solve the main problems

To strengthen the construction of the rule of law of Chinese medicine is the basic strategy for implementing the rule of law in the concrete practice in the field of traditional Chinese medicine, is completed part of the government under the rule of law, is the important basis of TCM industry, in accordance with the governance. TCM is a unique medical science in our country, made important contributions to the thriving of the Chinese nation, is still in play important roles in order to safeguard people's health. Formulated the method of traditional Chinese medicine, must be based on the traditional Chinese medicine for the people to provide satisfactory service, pay attention to the innovation system mechanism, follow the law of development of Chinese medicine, reflects the characteristics of traditional Chinese medicine, keep carries forward the special advantage of traditional Chinese medicine, and pay attention to connect with the medical health and other relevant laws and regulations and coordination.

In the thinking of legislation on grasp the following points: one is imperative to meet the requirements of deepening the reform of medical health system, protection, support and promote the development of Chinese medicine, give full play to the role of the traditional Chinese medicine in the pharmaceutical and healthcare fields. 2 it is to follow the law of development of Chinese medicine, fully embody the characteristics of traditional Chinese medicine, pay attention to system innovation, strive for a breakthrough. 3 it is based on traditional Chinese medicine services, maintaining and developing the special advantage of TCM, satisfy people's demand for services of traditional Chinese medicine. Four is to support and standardize and in promoting the development of traditional Chinese medicine at the same time, pay attention to prevent and control risks and guarantee medical safety. Five is the relationship with current laws, on the management of the traditional Chinese medicine, professional medical practitioners law and the existing laws and regulations such as the pharmaceutical administration law of the provisions of the existing provisions of not repeat, only some does not adapt to the characteristics of traditional Chinese medicine and development need to make appropriate adjustments. Six is the point, balanced and promote the comprehensive, coordinated and sustainable development of traditional Chinese medicine. Mainly includes guidelines and basic principles of development of Chinese medicine, Chinese medicine service, traditional Chinese medicine development, personnel training, inheritance, innovation and cultural dissemination, safeguard measures, legal liability, etc.

Method is proposed to solve the main problems of Chinese medicine, is a prominent feature of traditional Chinese medicine, give play to the role of traditional Chinese medicine, solve the features and advantages of Chinese medicine, the service sector to atrophy. Second, strengthen heritage, encourage the innovation of traditional Chinese medicine of traditional Chinese medicine, the old Chinese medicine expert not passing on many academic thought and experience, some characteristic diagnosis and treatment methods endangered, innovation and technical method of TCM theory and solve the lack of talents of Chinese medicine. Three is strengthening the protection of traditional Chinese medicine (TCM) to support and promote the coordinated development of traditional Chinese medicine, to solve the traditional Chinese medicine development uncoordinated and wild Chinese medicine resources destruction of serious problems. Four is to strengthen the development of Chinese medicine, to strengthen the government responsibility, solve the problem of poor basic conditions of development of Chinese medicine.

On December 9, the principle of the state council executive meeting through the method of traditional Chinese medicine (draft), the legislative affairs office of the state council will according to the opinion of the executive meeting of the draft after further revision, as soon as possible to the standing committee of the National People's Congress for consideration.