Study of Drug Law as a domain law
September 14, 2023 15:26 Source: "China Social Sciences" September 14, 2023 Issue 2735 Author: Song Hualin

In recent years,Medicine and hygiene risk presents complexity、Features of interconnection and uncertainty。To respond to the major challenge brought by it,It should be guided by "problem" and "field"。Under Field of Law,Drug method can also constitute a relatively independent field method。For comprehensive、Crossability、Applied Drug Law Questions,History of comprehensive system、Demonstration of Law、Multi -entered road of comparative method,Call the Constitution、Administrative Law、Criminal Law、Disciplinary knowledge of multiple department laws such as civil law。

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Place the legal system in the long history,Explore historic factors for the system、The role of duration and change,It is a better understanding system and its way of change。You can use the yearbook、Bulletin、Law compilation、Historical materials such as historical materials such as historical materials,Through experienced description and sorting,as much as possible in a wider time and space range,To understand the development and changes of the legal norms of drugs,The hardship of the drug management of our country from the middle management、Difficulties in the construction of a regulatory country。

For example,Audit the development process of the "Specification of Drug Production Quality bet365 best casino games Management" (GMP) certification system -from "voluntary certification" to "legal compulsory certification" and then abolished in 2019,helps to think for compulsory certification and voluntary certification、Administrative Certification and third -party certification、The relationship between authentication and other alternative methods。Depart from the research of institutional history,To explore the "long river turning place" of the legal system,You can feel the "thrilling jump" from experience to theoretical theory,The mechanism of analyzing the rise and fall of the legal system from it,Then think about the effectiveness and reform direction of the legal system。

  Research on the Research of Law Interpretation 

With the increasingly complete legal system in my country,Law research should gradually transfer from legislative theory to interpretation theory,For the law in the law、Drug law between science and policy,It is also necessary to develop a more mature interpretation of law。It should be directed with relevant legal interpretation and application,Based on the order of actual method,With existing legislation、Judicial practice as the basis,Differentiated to the complex drug legal specifications,Construct a unified knowledge system and thinking framework,Guidelines for the solution of real problems。

For example,Article 124, paragraph 3, paragraph 3 of the current "Drug Management Law" stipulates: "Drugs that have been legally listed in a small number of overseas are bet365 live casino games not approved,The lighter plot,Can be reduced or free of punishment。"This reflects the legitimate use of administrative penalties for tailoring,But still needs to be expanded on this clause to interpret the homework,Combined with the provisions of Article 32 and Article 33 of the Administrative Penalty Law,To analyze the prerequisite for the application of this entry for "reducing or free punishment"。Application of Law Interpretation,It helps to improve the stability of the legal standard system,Improve the comprehensiveness of judicial staff's understanding of the legal norms of drugs。

  Research on the comparative method 

Comparative method seems to be a "auxiliary" science,But it does help reflect on the advantages and disadvantages of the country's law。囿 囿 囿 囿 学 学 学,High -quality pharmaceutical law academic achievements are rare,Therefore, it is necessary to pass the comparison and reference,Promoting the academic research and institutional reform of the Chinese Drug Law。

In the study of legal sciences in the field of pharmaceutical law,Comparative method of functional significance should be paid attention to。When defining the concepts such as "medicine", "cosmetics" and "medical equipment" in my country,When discussing the division of the central land rights of drug supervision in my country,When constructing an expert consultation system for drug review experts,Designing the review of rare diseases in my country、When the child's medicine review bet365 Play online games mechanism,Breakthrough therapeutic drug review procedures for the construction of my country's drug registration、Attachment Conditional Approval Procedures、Priority review approval procedure、When communicating and communicating procedures,Study on the disclosure of the compulsory information of Chinese medicine、Check、charge、Feming、Supervision and inspection、Selection and implementation problems of supervision tools such as industry ban,Comparative method not only constitutes important academic materials that can be detailed,It also constitutes an important source of the diffusion mechanism of my country's drug supervision policy。

 Multi -study convergence of entering the road 

Drug Law as a typical domain law,Need constitutional、Administrative Law、Criminal Law、Civil Law、Intellectual Property Law and other multi -disciplinary knowledge gathering,A response to the actual problems in its field,and form a systematic thinking。

It one,Drug Law Study is inseparable from constitutional observation。For example, Article 1008 of the Civil Code and Article 20 and 21 of the Drug Administration Law stipulate the approval system and informed consent of the drug clinical trial、Ethical review system,What needs to be considered is the relationship between the drug clinical trial approval and the relationship between "the freedom of citizen has scientific research ... freedom" in Article 47 of the Constitution,and knowing consent、The relationship between ethical Bet365 app download censorship and "the personality dignity of citizen's personality is not violated" stipulated in Article 38 of the Constitution。

Its two,Pharmaceutical Law and Criminal Law are closely related。For example, "Criminal Law Amendment (11)" added "crime of obstructing drug management",As one of Article 142 of the Criminal Law,The establishment of this charges makes up for the punishment loopholes that will appear after deleting the "Pharmaceutical Management Law".,and separate the behavior of obstructing drug management from the crime of production and sales of fake drugs,The crime is more reasonable。Drug management crimes are administrative prisoners or legal prisoners,The legal benefit of its protection is the order of drug management。On the one hand,illegation of the laws of administrative management of drugs,"Violation of Drug Management Regulations" is the prerequisite for constituting the crime; on the other hand,,Judgment about the plot of "sufficient to seriously endanger human health" or "cause serious harm to human health",It also needs to be explained and identified in the drug supervision department,This reflects the standard effect of administrative law on criminal law。

Three,Drug law is inseparable from civil law。For example、Bad medicine or knowing it is a fake medicine、Infinitive drugs are still sold、Use "behavior,Set a punitive compensation system。Punishment compensation, also known as demonstration compensation or revenge Bet365 lotto review compensation,It is a special civil compensation system corresponding to compensation compensation,compensation for the amount of compensation exceeds the actual damage amount。So,It is necessary to study Article 144, paragraph 3, paragraph 3 of the Drug Management Law and Article 1207 of the Civil Code about product liability punishment compensation,Essential elements of compensation for compensation、Scope of compensation、Classification of compensation standards。

In short,The ideal research of the ideal field shall be guided by constitutional value,The concept of Feng law rule is Guiyi,Leading legal issues,Looking at the changes in the legal system from the perspective of institutional history,Uniformly applied to the legal norms from the perspective of interpretation,From the perspective of comparative methods, it provides experience for the reform of my country's institutional reform。Pay attention to the interaction between law and society,Looking at the changes in the legal system from the perspective of institutional history,Multi -summary summary,Gradually generate a legal system in the field of real problems that can respond to the real problems of specific fields。We believe,Shin Si Zhuo from the field of legal research、The theoretical new saying the theory obtained,It will provide fertile nutrients for the innovation of my country's legal knowledge system。

  (The author is the dean and professor of the Law School of Nankai University) 

Bet365 lotto review Editor in charge: Cui Bohan
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