德国经验对我国公立医院法制化监管的启示

Enlightenments of Law- Based Supervision of Chinese Public Hospitals from Germany

公立医院作为我国医疗服务最主要的提供者,对于提高居民健康水平发挥着重要作用。我国政府有责任、有义务对公立医院的运行和发展进行管制,从公共需要出发,制订规则,削弱市场风险,以促进公立医院公益性的实现。而法制化监管则是政府管制公立医院的重要手段和有效路径,我国应借鉴德国公立医院法制化监管的经验,完善我国公立医院法制化监管的制度设计,不断更新、调整现有法律法规;在法律法规制订过程中应广泛听取医院相关利益集团的意见和建议;明确医院监管执法机构职责权限,不断提高医院管制执法的透明度。

As the main provider of health care services in China, public hospitals play an important role in health maintenance and health improvement of Chinese residents. Therefore, it is the responsibility and obligation of the government to regulate the operation of public hospitals, and to make rules from the public needs to weaken the. market risk and to promote the social welfare. However, law-based supervision is an important and effective means for the government to regulate the public hospitals. We should learn from the experiences of Germany to improve the system design of law-based supervision of our government for public hospitals, constantly update and adjust the existing laws, supplement and perfect the law system for hospital supervision; widely listen to the opinions and suggestions from interest groups of hospitals in the legislative process; clarify the responsibility and authority of enforcement agencies for hospital supervision , improve the enforcement transparency for hospital regulation.