HUANGJin-man

(College of Humanities, Anhui University of Chinese Medicine, Hefei 230038, China)

Abstract:The development of TCM (traditionalChinese medicine) is facing with the problem of being lawless, so it is veryurgent to formulate a law according to the characteristics and developmentdisciplines of TCM. As for the contents, its legal status and supporting systemof the medical institutions of TCM should be clarified, the protection systemof traditional knowledge of TCM, and the protection system of feral medicalmaterial should be established, and the medical institutions of TCM should bestandardized so as to protect, support and promote its development through legislation.

Key words: TCM; legislation;apprentice; traditional knowledge

Outline:

The first part tells about that the necessity of TCM legislation in China. Thedevelopment of TCM is facing with the problem of being lawless, soit is necessary to enact TCM law.

In the second part, the reality of TCM legislation is introduced. At present, Chinahas formed TCM legal system basically. But the further improvement of the TCMlaw still has many problems: firstly, there is no unifying TCM law so far;secondly, from a content perspective, TCM legal norms are not specific enough;Thirdly, China's TCM legislation has not kept pace with the world's TCM legislation.

The third part introduces the basic ideas of TCM legislation. Three aspects areformed as following: firstly, taking the protection and development of TCM as legislative purposes; secondly, following the theoretical system and development of TCM,protecting TCM with separate legislation of TCM and western medicine; thirdly,respecting the principles of the legislation and regulation.

In the fourth part, it suggests that five basic contents should be included in TCM law, including clarifying the status of TCM institutions, managing TCM practitioners strictly, establishing TCM inheritance system, developing the protection system of traditional knowledge of TCM and building the protection system of feral medical material.

Finally, two questions should benoticed.  One is that the name of TCM lawshould be “traditional Chinese medicine” rather than “traditional medicine” or “nationa lmedicine”. And the other one is to strengthen the supervision and punishment of law.