ABSTRACT
OBJECTIVE To provide a reference for the definition of the legal attributes of the provincial Chinese herbal pieces processing norms and the improvement of legal expression for the drug standards in Drug Administration Law. METHODS Based on the legal evolution of local drug standards in China， the composition of national drug standards for Chinese herbal pieces and the composition of current provincial Chinese herbal pieces processing norms were analyzed； at the same time， based on the method of legal interpretation， the legal connotation of the provincial Chinese herbal medicine processing norms in Drug Administration Law was investigated. RESULTS & CONCLUSIONS In the practice of drug supervision， the provincial Chinese herbal pieces processing norms are essentially local drug standards. The newly revised Drug Administration Law defines the drug standards specifically， but does not stipulate the legal attribute of drug standards for the provincial Chinese herbal pieces processing norms， and there are certain legislative technical defects. It is suggested that when amending the Drug Administration Law， the legal attributes of the drug standards of the provincial Chinese herbal medicine processing norms should be clarified.
ABSTRACT
Based on introducing the conception and developing status of the telemedicine and current administrative guidance documents of telemedicine,the paper sorts out legal relations among all parties by combining the developing status of all parties,and defines the involved civil liabilities,in order to lay a foundation for China to improve the telemedicine system standard,and vigorously promote the application of telemedicine.
ABSTRACT
Reasons why the current physician-patient relationship has not advanced to a truely harmonious stage in our country are multiple.From the ethical point of view,most medical disputes come from the lack of sincerity and humane care,and self-centered and economic benefits oriented concepts from both doctors and patients.From the legal point of view,the research on the important legal cases related to physician-patient relationship is hysteretic and even lacking.The system settling physician-patient conflict is distempered and imperfect.Both the doctors′ and patients′ legal knowledge and consciousness are inadequate.To construct a harmonious physician-patient relationship,we should fasten the process of legislation,protect profits on both sides,strengthen moral education and confirm the ethical demand.
ABSTRACT
Organs experience three states in organ transplantation,including in-vivo state,in-vitro state,and the implanted state.The in-vivo organs can also be divided into two types by their origins,that is,from an intro-vital body or from a mortal body.Organs from an intro-vital body are not merely objects,but the vectors for personality,and therefore in such case the subject only holds the limited autonomy for his/her own organs.Organs from a mortal body are objects,but can not be regarded as the objects of autonomy.They can only be regarded as the objects of disposal right,thus the disposal of mortal organs should obey the pre-death wish of the dead,or the wish of the family members of the dead,and meanwhile obey the norms of custom and social interests.The in-vitro organs are merely objects,thus could be donated and presented,but could never be transacted.The implanted organs enjoy the same attributes and status as those from a living body.