| 摘要(英) |
"Chinese medicine store" is one of the oldest commercial industries in China. When entering the 21st century, how to integrate its commercial existence into modern needs. It is a test of the execution ability of the contemporary government’s medical policies
After fifty years of Japanese colonial rule in Taiwan, the Japanese introduced Western medicine to Taiwan as a means of domination; Taiwan′s Governor-General deliberately did not set up "pharmaceutical" education, suppressed Chinese medicine and did not suppress Chinese medicine, and the "tradition of Chinese medicine" became very prosperous and chaotic. In the early days of recovery, in the face of the destruction of health facilities after the war and the resurgence of acute infectious diseases, coupled with the fact that the national government that had just taken over was not familiar with health administration and lacked manpower, it needed to slowly integrate into the system left over from the Japanese occupation period, and its legal capacity was insufficient. , The traditional Chinese medicine sales industry that can provide private self-medication is more laissez-faire. After the national government gradually stabilized the regime and made progress in the health legal system, it established the "Drug and Drug Merchant Management Law" in 1970, which unified the management of the chaotic "pharmaceutical merchants", hoping to maintain the health of the people.
The sales targets of "Chinese medicine dealers" are of a special nature, which are not only common supplies for people′s livelihood, but also have medical properties. It is not easy to confirm the "professional" quality of the business under the private tutor who claims "family origin". In the early days after taking over Taiwan, the Department of Health was forced by the shortage of professionals and social needs to allow the "Chinese medicine store" operators to manage the qualifications of personnel "familiar with the properties of Chinese medicine" and grant business permits. However, the "Pharmaceutical Management Rules" enacted in 1950 stipulated that the sale of drugs must be managed by professionals.
In 1993, the "Pharmaceutical and Pharmaceutical Traders Management Law" was changed to the "Pharmaceutical Affairs Law". In the law, the "traditional Chinese medicine merchants" that had previously registered for business were "listed and managed", and the "traditional Chinese medicine dispensing right" of Chinese medicine merchants was deleted. Beginning in 1996, the National Federation of Chinese Medicine Merchants Associations sought the help of many members of the Legislative Yuan to promote the amendment of the law in order to fight for the "right to dispensing Chinese medicines." Article 103 of the Pharmaceutical Affairs Law was amended in June 1998. Apart from allowing "traditional Chinese medicine dealers" to be "registered and managed" again, it did not obtain the "right to dispense traditional Chinese medicine." In the hasty process of amending the law, three clauses with unclear meaning and inconsistency were put in, which led to continuous disputes in the follow-up.
In 2008, the special investigation team concluded the "Chinese Medicine Traders Bribery Case", grasped the account books of the Chinese Medicine Traders Association, and prosecuted eight legislators. The lawsuit was delayed for many years, going back and forth between the administrative courts, the number of legislators prosecuting was reduced from eight to one, and finally sentenced to three years in the fifth trial. During this period, the public only looked at the case as a "political struggle" and did not realize that the case had changed the management system of Taiwan′s "trafficking of traditional Chinese medicine". Over the years, the reorganization into the Ministry of Health and Welfare (formerly the Department of Health) has only passive inaction and no remedial measures.
In November 2017, the Chinese Medicine Merchants Association gathered in front of the Ministry of Health and Welfare to protest, emphasizing that the government has not given the opportunity to take the exam in accordance with Article 103 of the amended Pharmaceutical Affairs Law for 25 years, allowing the new generation to take over the business of selling Chinese medicine, thus threatening the Chinese medicine business. right to life. To this day, the arguments of journal papers seen in the market are all based on Article 103 of the current "Pharmaceutical Affairs Law", arguing that the government has failed to take good care of the livelihood of "Chinese medicine merchants" in order to continue the essence of traditional Chinese culture. However, it completely ignored the process of the rough revision of the "Pharmaceutical Affairs Law", let alone the position of the Department of Health at that time, as well as Taiwan′s unique history of medical development.
This paper wants to present the original trajectory of history, because interest groups have added the variable of bribery (benefit transmission) to historical development, resulting in unsolvable and mysterious problems. History is only a process, and evil laws are also laws. Modern government health authorities should be loyal to the request of social citizen empowerment, and make plans and actions that meet the needs of the times for the long-term development of the country and the care of national health. However, in the past, the Department of Health insisted on unacceptable changes. In the modern era that has undergone long-term progress, planning seems to be more inclined to interest groups. As the driving force behind planning public health care, the government seems to be more cautious in proposing policies. A 180-degree reversal of the regulation of the management of the Chinese medicine sales industry is not the same as it was yesterday.
Based on the collection of historical materials such as the Legislative Yuan Gazette and newspaper news, this article discusses the turning points and key changes of the "Pharmaceutical Affairs Law" and "traditional Chinese medicine trade". It is hoped that this article will play the role of historical presentation, guide readers to get a glimpse of a more comprehensive historical process, and then make an evaluation that is more in line with social facts. |
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