南京國民政府前期衛(wèi)生立法研究（1927-1937）
發(fā)布時(shí)間：2018-09-11 12:58
【摘要】： 南京國民政府成立后的十年,是中國近代立法史上的重要時(shí)期,其立法成就輝煌。于此同時(shí),南京國民政府建立了較為完善的衛(wèi)生法律體系,它不僅保障了當(dāng)時(shí)衛(wèi)生事業(yè)的發(fā)展,還維護(hù)了統(tǒng)治階級的政權(quán),它是中國衛(wèi)生法制向現(xiàn)代化發(fā)展的一個(gè)重要環(huán)節(jié)。但由于對于近代衛(wèi)生法制的專門研究較少,因此本文試圖對南京國民政府前期衛(wèi)生立法過程加以分析。 本文分為前言,第一至四章及結(jié)論。 緒論部分簡要討論了文章的意義和研究方法,并對學(xué)術(shù)史進(jìn)行了簡要回顧。 第一章:南京國民政府前期衛(wèi)生立法的社會背景。這一章的內(nèi)容主要是分為三個(gè)部分來論述的,第一部分為中國古代衛(wèi)生法律制度的簡要回顧。中國是一個(gè)歷史悠久的國家,中國傳統(tǒng)的衛(wèi)生法制文化必然會對近代產(chǎn)生一定的影響。第二部分介紹了近代以來衛(wèi)生法律制度的萌芽。近代以來,在各國列強(qiáng)的外部推動和法律自身發(fā)展的動因的作用下,立法者通過對中國傳統(tǒng)法律與西方近代法律的比較所做出的選擇,促使中國法律近代化的形成。同時(shí)中國法律體系近代化,必然也會促使衛(wèi)生法律體系的近代化。第三部分為世界衛(wèi)生立法趨勢的簡要介紹,由于近代以來西方國家首先建立起了近代衛(wèi)生法律體系,當(dāng)時(shí)的中國要建立起自己的衛(wèi)生法律體系,借鑒國外的先進(jìn)衛(wèi)生立法成果,是一個(gè)非常好的渠道。 第二章:南京國民政府前期衛(wèi)生立法的理念。伴隨著整個(gè)社會的發(fā)展,南京國民政府成立以后,衛(wèi)生立法有了較大的發(fā)展。本章主要討論了衛(wèi)生立法中所體現(xiàn)出的孫中山三民主義的立法理念以及在當(dāng)時(shí)特定歷史環(huán)境下的立法原則。 第三章:南京國民政府前期衛(wèi)生立法的內(nèi)容。從立法結(jié)構(gòu)上看,這個(gè)時(shí)期的衛(wèi)生立法涵蓋了衛(wèi)生行政立法、公共衛(wèi)生立法、醫(yī)政立法、藥政立法、食品衛(wèi)生立法、醫(yī)學(xué)教育立法六個(gè)方面。衛(wèi)生行政是南京國民政府管理衛(wèi)生事業(yè)的基礎(chǔ),同時(shí)它也是政府行政體系中的一部分。南京國民政府首先頒布衛(wèi)生行政法規(guī),建立起了從中央到地方的衛(wèi)生行政體系,并且明確了相關(guān)主管機(jī)關(guān)的職責(zé)。其次,為了改進(jìn)城市建設(shè)、改善公共衛(wèi)生、加強(qiáng)國家防御疫情的能力、提高人民的健康水平,制定了專門的法規(guī);再者在醫(yī)政和藥政立法方面,規(guī)定了醫(yī)師、藥師以及其他醫(yī)務(wù)人員的注冊登記的執(zhí)業(yè)制度;醫(yī)療機(jī)構(gòu)的登記管理;藥商及藥品的管理等等;此外為了加強(qiáng)飲食物的安全,對飲食物、飲食物的用具、牛乳、食品添加劑等方面進(jìn)行規(guī)范;最后為了加強(qiáng)衛(wèi)生人才的培養(yǎng),在醫(yī)學(xué)教育方面進(jìn)行了立法。 第四章:南京國民政府前期衛(wèi)生立法的評價(jià)。通過對南京國民政府前期衛(wèi)生立法內(nèi)容的分析,結(jié)合其實(shí)施的具體情況,從宏觀上總結(jié)了這個(gè)時(shí)期衛(wèi)生立法的特征。由于確立了比較完整、系統(tǒng)的衛(wèi)生法制體系,從而推動了當(dāng)時(shí)衛(wèi)生事業(yè)的發(fā)展,也為現(xiàn)行臺灣衛(wèi)生立法奠定了基礎(chǔ)。當(dāng)然,南京國民政府前期衛(wèi)生立法也存在立法主體混亂、立法層級低、實(shí)施效果不夠理想等不足。 結(jié)論:結(jié)合我國當(dāng)前衛(wèi)生法律體系建設(shè)過程中所面臨的問題,在對南京國民政府衛(wèi)生立法過程進(jìn)行分析和探討的基礎(chǔ)上,希望從中得到一些啟示。
[Abstract]:Ten years after the founding of the Nanjing National Government, it was an important period in the history of modern Chinese legislation, and its legislative achievements were brilliant. At the same time, the Nanjing National Government established a relatively perfect health legal system, which not only guaranteed the development of health services at that time, but also safeguarded the ruling class's political power. It was the modernization of China's health legal system. However, due to the lack of special research on modern health legislation, this paper attempts to analyze the early health legislation process of Nanjing National Government.
This article is divided into preface, first to four chapters and conclusion.
The introduction briefly discusses the significance and research methods of the article, and gives a brief review of the academic history.
Chapter 1: The social background of the early health legislation of Nanjing National Government. The content of this chapter is mainly divided into three parts. The first part is a brief review of the ancient health legal system of China. In modern times, under the influence of the external impetus of the great powers and the motive of the law's own development, the legislators made the choice by comparing the traditional Chinese law with the modern western law to promote the formation of the modernization of Chinese law. The third part is a brief introduction to the trend of World Health legislation. Since the western countries first established the modern health law system since modern times, then China should establish its own health law system and draw lessons from foreign advanced health legislation achievements, which is a very good channel.
Chapter 2: The concept of health legislation in the early days of the Nanjing National Government. With the development of the whole society, the health legislation has developed greatly since the founding of the Nanjing National Government.
From the legislative structure, the health legislation of this period covers six aspects: health administrative legislation, public health legislation, medical legislation, pharmaceutical legislation, food hygiene legislation and medical education legislation. Nanjing National Government first promulgated the health administrative regulations, established the health administrative system from the central to the local, and clarified the responsibilities of the relevant authorities. Secondly, in order to improve urban construction, improve public health, strengthen the national ability to prevent epidemics, and improve the health of the people. Special laws and regulations have been formulated; moreover, in medical administration and pharmaceutical legislation, the registration and registration system of doctors, pharmacists and other medical personnel has been stipulated; the registration and management of medical institutions; the management of drug dealers and medicines; in addition, in order to strengthen the safety of dietary products, dietary products, utensils, milk, food additives and so on. Finally, in order to strengthen the training of health personnel, legislation was carried out in medical education.
Chapter Four: Evaluation of the Health Legislation in the Early Stage of Nanjing National Government. By analyzing the contents of the Health Legislation in the Early Stage of Nanjing National Government and combining with the specific situation of its implementation, the characteristics of the health legislation in this period were summarized macroscopically. The exhibition also laid a foundation for the current health legislation in Taiwan. Of course, there were some shortcomings in the early health legislation of the Nanjing National Government, such as confusion of the main body of legislation, low level of legislation and unsatisfactory implementation effect.
Conclusion: Based on the analysis and discussion of the health legislation process of Nanjing National Government, we hope to get some enlightenment from the problems in the construction of health law system in China.
【學(xué)位授予單位】：重慶醫(yī)科大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2010
【分類號】：D922.16;D929
本文編號：2236752
[Abstract]:Ten years after the founding of the Nanjing National Government, it was an important period in the history of modern Chinese legislation, and its legislative achievements were brilliant. At the same time, the Nanjing National Government established a relatively perfect health legal system, which not only guaranteed the development of health services at that time, but also safeguarded the ruling class's political power. It was the modernization of China's health legal system. However, due to the lack of special research on modern health legislation, this paper attempts to analyze the early health legislation process of Nanjing National Government.
This article is divided into preface, first to four chapters and conclusion.
The introduction briefly discusses the significance and research methods of the article, and gives a brief review of the academic history.
Chapter 1: The social background of the early health legislation of Nanjing National Government. The content of this chapter is mainly divided into three parts. The first part is a brief review of the ancient health legal system of China. In modern times, under the influence of the external impetus of the great powers and the motive of the law's own development, the legislators made the choice by comparing the traditional Chinese law with the modern western law to promote the formation of the modernization of Chinese law. The third part is a brief introduction to the trend of World Health legislation. Since the western countries first established the modern health law system since modern times, then China should establish its own health law system and draw lessons from foreign advanced health legislation achievements, which is a very good channel.
Chapter 2: The concept of health legislation in the early days of the Nanjing National Government. With the development of the whole society, the health legislation has developed greatly since the founding of the Nanjing National Government.
From the legislative structure, the health legislation of this period covers six aspects: health administrative legislation, public health legislation, medical legislation, pharmaceutical legislation, food hygiene legislation and medical education legislation. Nanjing National Government first promulgated the health administrative regulations, established the health administrative system from the central to the local, and clarified the responsibilities of the relevant authorities. Secondly, in order to improve urban construction, improve public health, strengthen the national ability to prevent epidemics, and improve the health of the people. Special laws and regulations have been formulated; moreover, in medical administration and pharmaceutical legislation, the registration and registration system of doctors, pharmacists and other medical personnel has been stipulated; the registration and management of medical institutions; the management of drug dealers and medicines; in addition, in order to strengthen the safety of dietary products, dietary products, utensils, milk, food additives and so on. Finally, in order to strengthen the training of health personnel, legislation was carried out in medical education.
Chapter Four: Evaluation of the Health Legislation in the Early Stage of Nanjing National Government. By analyzing the contents of the Health Legislation in the Early Stage of Nanjing National Government and combining with the specific situation of its implementation, the characteristics of the health legislation in this period were summarized macroscopically. The exhibition also laid a foundation for the current health legislation in Taiwan. Of course, there were some shortcomings in the early health legislation of the Nanjing National Government, such as confusion of the main body of legislation, low level of legislation and unsatisfactory implementation effect.
Conclusion: Based on the analysis and discussion of the health legislation process of Nanjing National Government, we hope to get some enlightenment from the problems in the construction of health law system in China.
【學(xué)位授予單位】：重慶醫(yī)科大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2010
【分類號】：D922.16;D929
【引證文獻(xiàn)】
相關(guān)碩士學(xué)位論文 前2條
1 龔蓮英;民國時(shí)期疫災(zāi)影響下的公共衛(wèi)生意識變遷研究[D];華中師范大學(xué);2012年
2 王濤;1927-1937年杭州衛(wèi)生行政研究[D];杭州師范大學(xué);2013年
，本文編號：2236752
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