法律框架下构建医学科学数据共享机制和保障体系

Establish the Mechanism and Its Support System of Scientific Data Sharing in Healthcare under the Legal Framework

医学科学数据成为科技资源,其共享成为全球趋势。分析在我国现有法律框架下构建医学数据共享机制的几个主要问题,探讨潜在的科学可行的共享机制及其保障体系。从法律角度分析医学科学数据共享需要遵循的原则,提出共享机制的核心内容,概述机制保障体系的框架,并对法律完善和伦理管理方面提出初步完善建议:建立医学科学数据共享机制应以民法原则为基础;结合国际共识和生命伦理原则确定共享原则;依法确立机制的核心内容,包括明确利益相关人的权利义务;通过综合体系保障机制保障运行。

Scientific data in healthcare has become a kind of valuable innovative resource,and its data sharing has become a global trend.Here in this article,several important problems in the construction of scientific data sharing mechanism in healthcare is discussed and analyzed under the existing legal framework in China.A potential scientific and feasible sharing mechanism and its guarantee system is discussed in order to promote the sustainable development of data sharing,some frame contexts for establishment of scientific data sharing mechanism is briefly analyzed.The principles to be followed in scientific data sharing is also analyzed from the perspective of law.The central contents of the sharing mechanism is put forward,and the framework of the mechanism guarantee system was outlined including some preliminary but important suggestions for the improvement of law and ethical management.The result shows that the sharing mechanism of scientific data in healthcare should be established on the basis of the principles of civil law.The sharing principles should be determined with international consensus and bioethics principles.In addition,the core content of the mechanism should be confirmed in accordance with the law,including clarifying the rights and obligations of stakeholders.Finally,a comprehensive supporting system is needed to ensure the operation of the mechanism.