Further Discussion on Some Issues about TCM Legislation
Tian Kan, Shao Zhen, YuXiaoyong, Shao Chengjie China HealthLaw 2013(1)
【Abstract】
The legislation of traditionalChinese Medicine is in good order and well arranged in the formulation.However, the problem of the legislation in the process reflected the inadequacyof development of traditional Chinese Medicine. Based on reconsideration ofseveral problems about the legislation of traditional Chinese Medicine, thisthesis is aimed at better organization of Chinese medicine and providingreferences for the legislation of traditional Chinese Medicine.
The fourparts of this article are as follows:
1、The legalname of TCM basic law
There arethree different versions:
（1）TheTraditional Medicine Law Version
Many scholars think that the legal name of TCM basic law should be“Traditional Medicine Law”for the following reasons. On the one hand, TCM could not comeinto being, get developed, and grow up without traditional Chinese culture, onthe other hand, there is a title of “traditional medicine” in the article 21 ofthe 1982 constitution.
(2) The Traditional Chinese medicine, the national medicine and folk medicinelaw Version
Scholars who hold this view arefrom the point of ethnic equality and ensuring the balance of folk medicine.
(3) The Traditional Chinese medicine law Version
From a historical perspective, theconnotation of TCM contains traditional medicine and modern medicine. From ageographical perspective, the connotation of TCM contains Chinese medicine, theethnic medicine and folk medicine. The author shares this view.
2. TCM traditional knowledgeprotection and TCM inheritance system
The author thinks that the subjectand object of TCM traditional knowledge should be cleared. What’s more, thegovernment should make clear the legal status, selection criteria and procedures,rights and obligations of TCM inheritors in legislation, in order to promotethe inheritance and innovation of TCM.
3. Medicinal wildanimal and plant resources protection
Practitioners of Chinese medicineand Chinese medicine have always been linked to the overall closely, however, current laws and regulationscannot protect medicinal wildlife materials well.
4. Quality ofChinese medicinal materials
The frequent appearance of forgedand fake commodities of Chinese medicinal materials has caused serious problemto the development of TCM. Therefore, it should be regulatedby the law.
Source: CNKI
next:Conception of Perfecting the Legal System of TCM