成都市中医药类执业医师执业权利及其实现研究

Studying on the Practicing Right of TCM Medical Practitioners and Its Realization in Chengdu

中医药类执业医师执业权利除包含一般公民权利、执业相关权利和特殊职业权利外,中医药文化传播与传承权利、中医药传统知识产权保护权利是其应当享有的特殊的执业相关权利。调查显示,成都市中医药类执业医师主动获取、运用法律的素质较低,两大特殊的执业相关权利不受重视,部分执业权利的实现情况较差,特殊执业权利实现未充分考虑其执业特性。宏观层面的法治化水平低、资源配置不足,加之微观层面诸多具体措施执行不力共同导致了中医药类执业医师法律素质提升和执业权利实现不理想。鉴于此,建议从三个方面入手,推动中医药类执业医师法律素质提升和执业权利实现:树立法治理念,提升制度化、规范化和机制化水平;增加资源投入力度,形成符合各省市特点的中医药保障体系;强化责任惩戒机制,完善配套落实评价体系,反向倒逼落实。

The practicing right of TCM medical practitioners includes general civil rights,professional rights and special professional rights.Furthermore,it includes the cultural transmission and inheritance rights of TCM,and the protection rights of traditional Chinese medicine intellectual property rights.The quality of TCM practitioners in Chengdu was lower in actively obtaining and utilizing laws.The two special rights related to practice were not valued.The realization of some practicing rights was poor.And the practice characteristics of TCM practitioners were not fully considered in the realization of special practicing rights.These problems were mainly resulted from the low level of legalization and insufficient allocation of resources at the macro level,and the ineffective implementation of many specific measures at the micro level.It is suggested to promote the improvement of legal quality and the realization of the right to practice of TCM practitioners by establishing the concept of rule of law,improving systematization,standardization and institutionalization,increasing resource input,forming a TCM guarantee system in line with the characteristics of each province,strengthening the responsibility and punishment mechanism,and perfecting the evaluation system.