Author: Zhang Jing, Zhao Min Health is a desire shared by mankind*** and an important foundation for natural persons to carry a happy life and engage in social activities. The right to life and health is the most basic personal rights and interests of every person. With the development of society and the progress of science and technology, people's quality of life has improved to a great extent, and their understanding of health has also matured. "Health is not merely the absence of disease or illness, but a state of complete physical, mental, social and moral well-being." However, in the last decade or so, our country has faced serious challenges in the field of health, the air people breathe every moment may be tinged with haze, the water we drink may not be clean enough, there are hidden dangers in food safety, medicines for treating illnesses are substandard from time to time, and some serious infectious diseases have also affected people's lives and health from time to time. In medical activities, the tension in the relationship between doctors and patients has hurt the enthusiasm of medical institutions and their medical staff in saving the lives of patients, and at the same time, it has increased the material and spiritual price paid by patients for the pursuit of health and saving their lives. Medical malpractice appraisal of the dichotomy of the status quo and medical damage to the burden of proof of different treatments is to make doctors and patients and even health administrative departments, lawyers, judicial officers to deal with related disputes when the argument. Under such circumstances, people often feel anxious and look forward to the government and its relevant departments to establish and improve the relevant laws and regulations in order to safeguard the lives and health of citizens. Health jurisprudence is a specialized jurisprudence with the purpose of safeguarding the right to life and health of citizens, which is a cross-discipline combining medicine, pharmacy, biology, hygiene and jurisprudence, and also an emerging discipline with rapid development in recent years, with a wide variety of contents, complex system and diverse academic views. Now China's higher medical schools have generally opened health law courses. Years of teaching practice has proved that medical students learn health jurisprudence, for the broadening of their knowledge structure, enhance their legal awareness, cultivate their legal thinking ability, improve their overall quality, in the future work position to effectively fulfill their duties, and better safeguard the citizen's right to life and health and the legitimate rights and interests of the practice of the activities, have an extremely important significance. For this reason, we organize Shanghai University of Traditional Chinese Medicine, Hubei University of Traditional Chinese Medicine, Dalian Medical University, Sichuan University, Beijing University of Traditional Chinese Medicine, Shandong University of Traditional Chinese Medicine, Nantong University, Jiangxi University of Traditional Chinese Medicine, Kunming Medical University, Henan College of Traditional Chinese Medicine, Chuanbei Medical College, Binzhou Medical College, etc. engaged in the teaching of health law and research teachers to prepare this book for the use of postgraduate students, undergraduates and students of medical schools and colleges. This book is intended for use by graduate, undergraduate and specialized students of higher medical schools. At the same time, this textbook can also be used as a reference book for the staff of medical institutions, health administrators and the general public to understand and master China's basic health laws and regulations. This textbook is written in a style of concise language and clear views, focusing on the basic knowledge of China's health jurisprudence and its important theories to the readers. Involving theoretical disputes, we use the usual statements recognized by the academic community. One or two cases are attached to each chapter. The selected cases reflect the difficulties and focuses of today's health jurisprudence, and we pursue the real, objective and comprehensive cases. When designing the case reflection questions, we focus on triggering the students' thinking and interest in learning, and help the students to understand and master today's health laws in our country through reflection, learn how to analyze and solve problems according to the law, and improve the ability of legal thinking. The highlight of this textbook is that we have added new chapters on the legal system of medical cosmetology, the legal system of medical research on human body, the legal system related to new medical technology, sex reassignment surgery and its legal problems, etc. This is the result of the editorial committee's thinking and sorting out of the newest theories and practices of health jurisprudence, which is extremely rare in other health jurisprudence textbooks, and it reflects the innovation and contribution to the theory of health jurisprudence in China made by the team of textbook writers. It fully reflects the innovation and contribution of the writing team of this textbook to the theory of health law in China. In order to pursue the objectivity and truthfulness of the content of the textbook and the accuracy of the theory, we have repeatedly communicated, revised and improved the content of the part of the textbook that is still controversial in the academic circles, between the chief editors, between the chief editors and the associate editors as well as between the editors, and finally reached an agreement, and this book is the crystallization of the collective wisdom of the editorial committee. Preface to Health Law Fortunately, during the finalization of the textbook, the Shanghai University of Traditional Chinese Medicine held the "Third Zhangjiang International Forum on Traditional Chinese Medicine". At the meeting, we had the honor to meet the famous acupuncture expert from the United States, Li Yongming, through exchanges, understand that the domestic health law textbooks and their related health legislation books, in the introduction of foreign legislation on traditional Chinese medicine are generally considered to be Australia's "Victorian Registration of Traditional Chinese Medicine Act" marks the first time that Chinese medicine has been legally recognized in the Western world, but in fact, the first traditional Chinese medicine bill was born in 1973 in Nevada, United States. On April 19, 1973, Mike O'Callaghan, the governor of Nevada, officially signed the first Chinese Medicine Act in the United States. The Act recognizes Chinese medicine as a "professional occupation", 27 years before the Victorian Traditional Chinese Medicine Registration Act was passed by the Victorian Parliament in 2000, which is amended in this textbook. The basic framework and outline of this textbook were proposed by Zhao Min and Zhang Jing, and the first review was conducted by Wang Anfu, Zhao Min, and Zhang Jing, who proposed revisions. After a number of revisions, the manuscript was completed, and then organized and finalized by Zhang Jing. In the process of preparing this textbook, the authors have referred to and cited the health law treatises of many peers at home and abroad, and we would like to express our sincere thanks to the authors of the treatises we have referred to, and to Dr. Li Yongming, who has provided us with valuable materials. In particular, we would like to thank Mr. Luo Jian, the editor-in-charge of this textbook, for spending a lot of valuable time on the rigorous expression of the language and the improvement of the quality of this textbook, and for giving us excellent suggestions and comments. Although we strive for perfection and do our best to improve it, whether this book can become a good textbook is still to be tested by readers. Of course, limited to the ability, there are inevitably deficiencies in the book, and we hope that the readers will not begrudge us their advice, so that we can revise and improve it in the future.
Zhang Jing Zhao Min July 2014 Chapter 1 Introduction
Section 1 Overview of Health Jurisprudence
I. The Concept of Health Jurisprudence
II. The Meaning of Health and Law and Their Relationships
III. Objects of Health Jurisprudence
IV. Characteristics of Health Jurisprudence
Section 2 Health Jurisprudence and Related Disciplines Relationship
I. Health jurisprudence and jurisprudence
II. Health jurisprudence and medicine
III. Health jurisprudence and medical ethics
IV. Health jurisprudence and medical sociology
V. Health jurisprudence and health management
VI. Health jurisprudence and health economics
VII. Health jurisprudence and health policy< /p>
VIII. Health Jurisprudence and Forensic Medicine
IX. Health Jurisprudence and Medical Jurisprudence
Section 3 History and Development of Health Law
I. History and Development of Health Law in China
II. History and Development of Health Law in Foreign Countries
III. International Health Law
Section 4 Significance and Methods of Studying Health Jurisprudence< /p>
I. The significance of studying health jurisprudence
II. Methods of studying health jurisprudence
Review and reflection questions
Case reflection questions
Chapter 2, the foundations of health law
Section 1, concepts and objects of adjustment of the health law
I. Concepts of health law
II.
Section 2: Characteristics and Basic Principles of Health Law
I. Characteristics of Health Law
II. Basic Principles of Health Law
Section 3: Sources and Levels of Effectiveness of Health Law
I. Sources of Health Law
II. Main Contents of Health Law
III. Levels of Effectiveness of Health Law
Section 4. Health Legal Relationships
I. Concepts and Characteristics of Health Legal Relationships
II. Constituent Elements of Health Legal Relationships
III. Generation, Change
and Extinction of Health Legal Relationships
Review and Reflection Questions
Case Reflection Questions
Chapter 3: Formulation and Enforcement of Health Laws
Section 1 Section 1: Formulation of health law
Overview of the formulation of health law
Second, the basis for the formulation of health law
Third, the authority for the formulation of health law and its competence
Fourth, the basic principles of the formulation of health law
Fifth, the procedure for the formulation of health law
Second, the implementation of the law of health
One, the concept of implementation of the law of health
Second, the implementation of health law
II. Application of Health Laws
III. Health Justice
IV. Compliance with Health Laws
V. Supervision of Health Laws
VI. Scope of the Effectiveness of Health Laws
Section 3: Administrative Law Enforcement of Health Laws
I. Overview of Administrative Law Enforcement
II. Subjects of Administrative Law Enforcement of Health Laws
Three, health administrative law enforcement behavior
Review and reflection questions
Case reflection questions
Chapter 4 health legal liability and legal remedies
Section 1 health legal liability
I. Concepts and characteristics of health legal liability
Second, the composition of the legal liability of health
Third, the types of legal liability of health
Section 2, administrative review of health
Overview of administrative review of health
The jurisdiction of administrative review of health and review participants
Third, administrative review of health procedures
Section 3, administrative litigation in health
Overview of administrative litigation in health
Section 2, administrative litigation in health and jurisdiction of administrative litigation in health and participants
Three, administrative litigation in health
Section 3, administrative litigation in health
Overview of administrative litigation in health
The jurisdiction of administrative litigation in health and participants
III. Health Administrative Litigation Procedures
Section 4: Health Civil Litigation
I. Overview of Health Civil Litigation
II. Jurisdiction of Health Civil Litigation
III. Participants in Health Civil Litigation
IV. Evidence in Health Civil Litigation
V. Trial Procedures in Health Civil Litigation
Section 5: Health Criminal Litigation
Section 5: Health Criminal Litigation
Section 6: Health Criminal Proceedings
Second. Health criminal proceedings
I. Concepts and basic principles of health criminal proceedings
II. Subjects of health criminal proceedings
III. Jurisdiction of health criminal proceedings
IV. Evidence in health criminal proceedings
V. Procedures for health criminal proceedings
Section 6: Administrative compensation for health
I. Administrative compensation for health
I. Concepts and Components
II. Scope of Health Administrative Compensation
III. Health Compensation Claimants and Compensation Obligated Organs
IV. Health Administrative Compensation Procedures
Review and Reflection Questions
Case Reflection Questions
Chapter 5: Legal System for Prevention and Control of Infectious Diseases
Section 1: Overview
I, Concept of Infectious Diseases and Classification and Management of Statutory Infectious Diseases
II. Legal System for Prevention and Control of Infectious Diseases
III. Approach to Prevention and Control of Infectious Diseases
Section 2: Prevention and Control of Infectious Diseases
I. Construction of the network of medical treatment services for infectious diseases
II. Prevention and control of hospital-acquired infections and medical-acquired infections
III. Ways and procedures of medical treatment in medical institutions
Section 4: Legal provisions on prevention and treatment of sexually transmitted diseases (STDs) and AIDS
I. Legal provisions on prevention and treatment of sexually transmitted diseases
II. Legal provisions on prevention and treatment of AIDS
Section 5: Supervision and management of the prevention and treatment of infectious diseases
Section 6: Prevention and control of infectious diseases
II. Supervision and Management of Infectious Disease Prevention and Control
I. Supervisory Responsibilities
II. Supervisory Contents and Methods
Section 6 Legal Responsibilities
I. Legal Responsibilities of Local People's Governments at All Levels and of Health
Administrative Departments
II. Legal Responsibilities of Disease Prevention and Control Organizations
III. p>
Four, the legal responsibility of blood collection and supply institutions
Five, the state border health quarantine, animal epidemic prevention
Legal responsibility of institutions
Six, railroads, transportation, civil aviation operations
Legal responsibility of the unit
Review of the thinking questions
Case study thinking questions
Chapter 6 of the public **** health emergencies Legal System of Emergency Response
Section 1: Emergency Response to Public **** Health Incidents
Overview of the Legal System
I. Concept and Classification of Emergency Response to Public **** Health Incidents
II. Classification of Emergency Response to Public **** Health Incidents
III. * Health Incident Emergency Response Organization
V. Principles of Emergency Response to Public **** Health Incidents
Section 2: Prevention and Emergency Preparedness for Public **** Health Incidents
I. Emergency Response to Public **** Health Incidents
II. Monitoring and Early Warning Mechanisms for Public **** Health Incidents
III. Emergency Reserve System
Four, Emergency Medical Service Network Construction
Section 3: Reporting and Information Release of Public Health Emergencies
I. Emergency Reporting System of Public Health Emergencies
II. Notification System of Public Health Emergencies
III. Information Release System of Public Health Emergencies
Section 4: Emergency Response to Public **** Health Emergencies
I. Legal Provisions in Emergency Response to Public **** Health Emergencies
II. Termination of Public **** Health Emergencies
Section 5: Legal Liability
I. Administrative Legal Liability
II. Criminal Liability
Review Reflective Questions
Case Reflection Questions
Chapter 7 Legal System of Blood Donation
Section 1 Overview
I. Concept of Blood Donation Law
II. China's Legislation on Blood Management
Section 2 Non-Remunerated Blood Donation
I. Concept of Non-Remunerated Blood Donation
II. Subjects of Non-Remunerated Blood Donation
III. Organization and Leadership
Section 3: Management of Blood Stations
I. Concept of Blood Stations
II. Conditions for Setting Up Blood Stations
III. Duties of Blood Stations
IV. License to Practice in Blood Stations
V. Management of Blood Collection and Supply in Blood Stations
Section 4: Clinical Blood Use
I. Clinical Use of Blood in Healthcare Institutions
II. Provisions on Clinical Blood Costs for Citizens
III. Technical Specifications for Clinical Blood Use
Section 5: Management of Blood Products
I. Overview
II. Management of Raw Plasma
III. Management of Production and Operation of Blood Products
Section 6: Legal Responsibility
I. Administrative Liability
II.
II. Civil Liability
III. Criminal Liability
Review and Reflection Questions
Case Reflection Questions
Chapter 8 Legal System of Public **** Health
Section 1 Legal Provisions on School Health
I. Overview of School Health and School Health Law
II, Legal Provisions on the Management of School Health Work
IV. Legal Provisions on the Supervision of School Health Work
V. Legal Liability
Section 2 Legal Provisions on the Hygiene of Public **** Places
I. Overview of the Law on the Hygiene of Public **** Places and Public **** Places
II. Legal Provisions on the Quality of Hygiene of Public **** Places
III, Legal Provisions on Hygiene Management of Public **** Places
IV. Legal Provisions on Hygiene Supervision of Public **** Places
V. Legal Liability
Section 3: Legal Provisions on Radiological Hygiene
I. Overview of the Law on Radiological Hygiene and Radiological Hygiene
II. Provisions
Fourth, the legal provisions of radiation health protection supervision
Fifth, the legal responsibility
Section 4, the legal provisions of domestic drinking water sanitation
I. Domestic drinking water hygiene and domestic drinking
Overview of the Water Sanitation Law
Second, the requirements of the hygiene of the quality of domestic drinking water
Third, the legal provisions of the management of the hygiene of drinking water
The hygienic management of the drinking water
Third, the legal provisions of the hygiene of the living Legal Requirements for the Management of Drinking Water Sanitation
IV. Legal Requirements for the Supervision of Drinking Water Sanitation
V. Legal Responsibility
Section 5: Legal Requirements for Smoking Control
I. Extraterritorial Legislation on Smoking Control
II. p>
Review Thinking Questions
Case Thinking Questions
Chapter 9 Legal System of State Border Sanitary and Quarantine
Section 1 Overview
I. The Concept of State Border Sanitary and Quarantine Law and the Legal System of State Border Sanitation and Quarantine
II. State Border Sanitary and Quarantine Organs and Their Duties
III. >Section 2 Health Quarantine
I. Management of Entry and Exit Quarantine
II. Management of Quarantined Infectious Diseases
Section 3 Surveillance of Communicable Diseases
I. Concepts and Objects of Communicable Disease Surveillance
II. Measures for Surveillance of Communicable Diseases
Section 4 Sanitary Supervision and Treatment
I. Sanitary Supervision
II.
Section 5 Entry-Exit Inspection and Quarantine Emergency Response
I. Concepts of Public **** Health Emergencies at State Border Crossings
II. Emergency Preparedness
III. Emergency Response
Section 6 Legal Liability
I. Administrative Responsibility
II. Criminal Liability
Review Reflective Questions
Case Reflective Questions
Chapter 10 Legal System for Prevention and Control of Occupational Diseases
Section 1 Overview
I. Concepts of the Law on Prevention and Control of Occupational Diseases
II. China's Occupational Disease Prevention and Control Legislation
III. Guidelines, Principles, and Scope of Application of the Occupational Disease Prevention and Control Law
Section 2 Prevention and Protection of Occupational Diseases
I. p>
I. Preventive Prevention of Occupational Diseases
II. Protection and Management in the Labor Process
III. Occupational Health Rights of Workers
Section 3: Diagnosis of Occupational Diseases and Protection of Patients with Occupational Diseases
I. Diagnosis of Occupational Diseases
II. Identification of Occupational Diseases in Diagnostic Disputes
III.
Section 4: Supervision and Legal Responsibility for Prevention and Control of Occupational Diseases
I. Supervisory and Regulatory Organizations of Occupational Health
II. Supervisory and Law Enforcement Measures for Occupational Health
III. Legal Responsibility for Violation of the Law on Prevention and Control of Occupational Diseases
Review and Reflections
Case Reflections
Chapter 11: The Mental Health Legal System
Section 1: Overview of the Mental Health Legal System
I. Overview
II. Mental Health Legislation
Section 2: Prevention of Mental Disorders
I. Principles of Prevention of Mental Disorders
II. Mental Health Promotion and Prevention of Mental Disorders
Section 3: Diagnosis and Treatment of Mental Disorders
I, Diagnosis of Mental Disorders
II. Treatment of Mental Disorders
III. Identification Procedures
IV. Hospitalization
V. Discharge of Mentally Disordered Patients
VI. Responsibilities of Families and Grass-roots Organizations of the Society
Section 4 Rehabilitation of Mental Disorders
I. Concept of Rehabilitation of Mental Disorders
II. Concept of Community Rehabilitation
III. Measures for Community Rehabilitation
Section 5: Rights and Guarantees for People with Mental Disorders
I. Rights of People with Mental Disorders
II. Guarantees for People with Mental Disorders
Section 6: Legal Liability
I. Administrative Liability
II, Criminal Liability
Review Reflection Questions
Case Reflection Questions
Chapter 12 Food Safety Legal System
Section 1 Overview
I. Concepts of the Food Safety Law
II. History of China's Food Safety Legal System Construction
III. System
I. Food Safety Risk Monitoring System
II. Food Safety Risk Assessment System
III. Food Safety Standard System
IV. Food Inspection System
V. Food Import and Export Management System
VI. Food Safety Information Management System
VII. Food Advertisement Control System
Section 3 Food Production and Operation
I. Hygienic Requirements in Food Production and Operation
II. Licensing System in Food Production and Operation
III. Labeling and Instruction of Food and Food Additives
IV. Production and Operation of Bulk Foods
V. Production and Operation of Prepackaged Foods
VI. Regulations on the Production and Operation of Health Foods
VII. Regulations on the Use of Food Additives
VIII. Food Recall System
Section 4: Food Safety Management
I. Adoption of Modern Food Safety Management Methods
II. Health Management System for Employees
III. Record Keeping System
IV. System
Section 5 Disposal of Food Safety Accidents
I. Formulation of Emergency Response Plan
II. Principles of Disposal of Accidents
III. Reporting and Notification System of Food Safety Accidents
IV. Emergency Response Measures for Food Safety Accidents
V. Investigation of Responsibility for Food Safety Accidents
Section 6 Food Safety Supervision and Administration
I. Food Safety Supervision and Administration System
II. Food Safety Supervision and Administration Measures
III. Food Safety Credit File System
IV. Requirements for the Performance of Duties by Food Safety Supervisory Departments
Section 7: Legal Responsibility
I. Administrative Liability
II. C. Criminal Liability
Review and Reflection Questions
Case Reflection Questions
Chapter 13: The Legal System of Drug Administration
Section 1: Overview
I. Drugs and Drug Administration Law
II. Management of Pharmaceutical Manufacturing Enterprises
I. Management of Pharmaceutical Manufacturing Enterprises
II. Legal Provisions Concerning the Management of Pharmaceutical Operating Enterprises
III. Legal Provisions Concerning the Management of Preparations in Medical Units
Section 3: Management of Pharmaceuticals
I. Pharmaceutical Standards
II. Pharmaceutical Registrations
III. Management of Pharmaceutical Types
IV.
IV. Management of Drug Import and Export
V. Drug Review
VI. Drug Prices
VII. Drug Advertisements
Section 4 Drug Supervision
I. Drug Supervisory and Regulatory Authorities and Their Duties
II. Drug Inspection Agencies and Their Duties
III. Reporting of Adverse Reactions
Section 5. Legal Provisions on Management of Biological Products and Special Drugs
I. Biological Products
II. Special Drugs
Section 6 Legal Liability
I. Administrative Liability
II. Civil Liability
III. Criminal Liability
Review and Reflection Questions
Case Reflection Questions
Chapter 14 Cosmetics and Medical Beauty Legal System
Section 1: Hygienic Legal Provisions on Cosmetics
I. Overview of Cosmetics
II. Legislation on Cosmetics
III. Basic Hygiene Requirements for Cosmetics
IV. Hygienic Supervisory Institutions for Cosmetics and Hygienic Supervisors
V. Hygienic Supervision of Cosmetic Production
VI. Health Supervision of Cosmetic Business
VII. Legal Liability
Section 2: Legal Requirements for Medical Cosmetology
I. Overview of Medical Cosmetology
II. Supervision and Management of Medical Cosmetology
III. Practice Rules
Review and Reflection Questions
Case Reflection Questions
Chapter 15 Legal System of Medical Devices Management
Section 1: Laws on Medical Devices Management
Overview
I. Overview of Medical Devices Management
II. /p>
Four, the operation and use of medical devices
Five, the management of medical device advertising
Six, the adverse events of medical devices and recall
VII, the supervision and inspection of medical devices
VIII, the legal responsibility
Section 2, the management of biological materials and medical devices
I, the biological material and medical device Concepts
II. Management Regulations of Biological Materials and Medical Devices
III. Legal Liability
Review and Reflection Questions
Case Reflection Questions
Chapter 16: Legal System for the Management of Medical Institutions
Section 1: Overview
I. Concepts and Types of Medical Institutions
II. Layout and Establishment Approval
III. Registration and Verification of Medical Institutions
IV. Practice Management of Medical Institutions
V. Name Management System of Medical Institutions
VI. p>
I. Concept of Hospitals
II. Classification of Hospitals
III. Management System of Hospitals
Section 3: Management of Emergency Medical Institutions
I. Concept of Emergency Medical Institutions
II. Legislation of Emergency Medical Institutions
III. Setting and Management
Section 4: Management of Rehabilitation Medical Institutions
I. The Concept of Rehabilitation Medical Institutions
II. The Main Legal System for the Management of Rehabilitation Medical Institutions in China
III.
Second, the establishment of community health service institutions planning
Third, community health service institutions practice registration and practice name
Fourth, community health service institutions practice management
Section 6 of the management of Sino-foreign joint venture, cooperative medical institutions
One, the concept of Sino-foreign joint venture, cooperative medical institutions
Two-Foreign Joint Venture, Approval and registration of the establishment of cooperative medical institutions
Third, the practice of Chinese-foreign joint and cooperative medical institutions
Fourth, supervision and management
Review and reflection questions
Case study questions
Chapter 17, the legal system of management of health personnel
Section 1, overview
A. Concepts of health personnel
II. Development of the Legal System for the Management of Health Technicians
Section 2: Law on Practicing Physicians
I. Overview
II. Physician Qualification Examinations and Registration
III. Physician Practice
IV. Physician Examinations and Training
V. Legal Liability
Section 3: Legal Provisions for Practicing Pharmacists
I. OverviewII. Licensed Pharmacist Qualification Examination
III. Licensed Pharmacist Practice Registration
IV. Duties of Licensed Pharmacists
V. Continuing Education for Licensed Pharmacists
VI. Legal Responsibility
Section 4 Nurse Practice Management and Practice Rules
I. Overview
II. Practice Examination
III. Registration of Nurses for Practice
IV. Rights and Obligations of Nurses for Practice
V. Duties Related to the Management of Nurses in Healthcare Institutions
VI. Legal Responsibilities
Section 5 Management of Rural Doctors for Practice
I. Overview
II. Registration of Rural Doctors for Practice
III, Practice of Rural Doctors
IV. Training and Examination of Rural Doctors
V. Legal Liability
Review and Reflection Questions
Case Reflection Questions
Chapter 18: Legal System for Handling Medical Disputes
Section 1: Overview
I. Concepts and Characteristics of Medical Disputes
II. Main contents
Third, the legal system of medical disputes
Section 2, medical damage liability appraisal system
Overview of medical damage liability appraisal
Second, technical appraisal of medical damage liability
Third, judicial appraisal of medical damage liability
Fourth, appraisal opinions and effectiveness
Section 3, medical Medical damage liability system of proof
I. Concept of medical damage burden of proof
II. History of China's medical damage burden of proof allocation system
III. General
rules of medical damage burden of proof
IV. Special rules of medical damage burden of proof
V. Medical institutions on the exemptions from burden of proof
.Section 4: Medical Damage Compensation System
I. Concept of Medical Damage Liability
II. Principles and Composition of Medical Damage Liability
III. Principles of Compensation for Medical Damage Liability
IV. Scope and Standard of Medical Damage Compensation
Section 5: Means of Settlement of Medical Disputes
I. Overview
II. Consultation System
III. Mediation System
IV. Litigation System
Review and Reflection Questions
Case Reflection Questions
Chapter 19: Maternal and Child Health and Health Care Legal System for Family Planning
Section 1: Legal System for Maternal and Child Health
I. Overview
III. Contents of maternal and child health care services
Section 2: Maternal and child health care law
I. Overview
II. Legal provisions for maternal and child health care institutions
III. Legal provisions for premarital health care and health care during pregnancy and childbirth
IV. Medical and technical appraisal of maternal and child health care
V, Legal Liability
Section 3: Population and Family Planning Law
I. Overview
II, Management System of Vaccination Units
IV. System of Children's Preventive Vaccination Certificate
V. Handling of Abnormal Reactions to Preventive Vaccination
VI. Legal Liability
Review and Reflection Questions
Case Reflection Questions
Chapter 20: The Legal System of Traditional Medicines
Section 1 Overview
I. Concept
II. Historical Evolution of the Legal System of Traditional Chinese Medicine
III. Construction of the Legal System of Traditional Chinese Medicine
Section 2: Legal Provisions on the Management of Traditional Chinese Medicine Institutions
I. Overview
II. Competent Authorities of Traditional Chinese Medicine Institutions, Approval of Setting Up and Registration
III. Management of Traditional Chinese Medicine Hospitals
IV. Management of Traditional Chinese Medicine Specialties
V. Management of Traditional Chinese Medicine in Primary Health Care Institutions
VI. Management of Chinese Medicine Clinics
VII. Management of Instruments and Equipment in Traditional Chinese Medicine Institutions
VIII. Management of Medical Advertisements
Section 3: Legal Requirements for the Management of Traditional Chinese Medicines
I. General Information
II. Management of the Registration of Traditional Chinese Medicines and Development of Traditional Chinese Medicines
II.
III. Management of Production of Traditional Chinese Medicines
IV. Management of Business of Traditional Chinese Medicines
V. Management of Traditional Chinese Medicines in Medical Institutions
VI. Protection of Resources of Wild and Endangered Chinese Materia Medica
VII. Protection of Varieties of Traditional Chinese Medicines
VIII. Protection of Geographical Indications of Traditional Chinese Medicines
Legal Provisions on the Education and Scientific Research of Traditional Chinese Medicines in Section 4
I, Education in Traditional Chinese Medicine
II. Scientific Research in Traditional Chinese Medicine
III. Foreign Exchanges and Cooperation in Traditional Chinese Medicine
Legal Provisions on Ethnic Minority Medicine
I. Overview
II. Protection and Development Projects of Traditional Minority Medicines
Legal Provisions on Medical Management of Qigong
I. Overview
II. >II. Legal Provisions Related to Medical Qigong
Review and Reflection Questions
Case Reflection Questions
Chapter 21: The Legal System of Human Medical Research
Section 1: Overview of Human Medical Research
I. Concept of Human Medical Research
II. Parties to Human Medical Research
III. Legal History of Human Medical Research
Section 2: Informed Consent and Ethical Review
Section 3: Management of Pharmaceutical Clinical Trials
I. Concept of Pharmaceutical Clinical Trials
II. Administrative License for Pharmaceutical Clinical Trials
III. Duties of Personnel Involved in Pharmaceutical Clinical Trials
IV. Records and Reports on Pharmaceutical Clinical Trials
Section 4: Management of Medical Device Clinical Trials
I. Concept of Medical Device Clinical Trials
II. Medical Device Clinical Trial License
III. Licensing
III. Management of Clinical Trials of Medical Technology
Section 6: Legal Liability for Human Medical Research
I. Administrative Liability and Criminal Liability
II. Civil Liability for Human Medical Research
Review and Reflections
Case Study Reflections
Chapter 22: Legal Systems Related to New Medical Technologies
Section 1: Artificial Reproduction
I. Artificial Reproduction
I.
Section 1: Artificial Reproduction
I. Overview of Artificial Reproduction Technology
II. Legal Problems Arising from Artificial Reproduction Technology
III. Status of China's Legislation on Artificial Reproduction Technology and Its Main Contents
Section 2: Sex Reassignment Surgery
I. Overview of Sex Reassignment Surgery
II. Legal Problems Arising from Sex Reassignment Surgery
Section 3: Legal Problems Arising from Sex Reassignment Surgery
Second. p>III. Current Status of Chinese Legislation on Sex Reassignment Surgery
Section 3: Genetic Engineering
I. Overview of Genetic Engineering
II. Legal Issues Arising from Genetic Engineering
III. Current Status of Legislation on Genetic Engineering
Section 4: Organ Transplantation
I. Overview of Organ Transplantation
II. Issues
III. Status of Legislation on Organ Transplantation
Section 5 Brain Death
I. An Overview of Brain Death
II. Status of Legislation on Brain Death
Section 6 Euthanasia
I. An Overview of Euthanasia
II. Debate on the Legal Status of Euthanasia
III. >
Review Reflection Questions
Case Reflection Questions
Appendices
References