南京国民政府前期卫生立法研究（1927-1937）
发布时间：2018-09-11 12:58
【摘要】： 南京国民政府成立后的十年,是中国近代立法史上的重要时期,其立法成就辉煌。于此同时,南京国民政府建立了较为完善的卫生法律体系,它不仅保障了当时卫生事业的发展,还维护了统治阶级的政权,它是中国卫生法制向现代化发展的一个重要环节。但由于对于近代卫生法制的专门研究较少,因此本文试图对南京国民政府前期卫生立法过程加以分析。 本文分为前言,第一至四章及结论。 绪论部分简要讨论了文章的意义和研究方法,并对学术史进行了简要回顾。 第一章:南京国民政府前期卫生立法的社会背景。这一章的内容主要是分为三个部分来论述的,第一部分为中国古代卫生法律制度的简要回顾。中国是一个历史悠久的国家,中国传统的卫生法制文化必然会对近代产生一定的影响。第二部分介绍了近代以来卫生法律制度的萌芽。近代以来,在各国列强的外部推动和法律自身发展的动因的作用下,立法者通过对中国传统法律与西方近代法律的比较所做出的选择,促使中国法律近代化的形成。同时中国法律体系近代化,必然也会促使卫生法律体系的近代化。第三部分为世界卫生立法趋势的简要介绍,由于近代以来西方国家首先建立起了近代卫生法律体系,当时的中国要建立起自己的卫生法律体系,借鉴国外的先进卫生立法成果,是一个非常好的渠道。 第二章:南京国民政府前期卫生立法的理念。伴随着整个社会的发展,南京国民政府成立以后,卫生立法有了较大的发展。本章主要讨论了卫生立法中所体现出的孙中山三民主义的立法理念以及在当时特定历史环境下的立法原则。 第三章:南京国民政府前期卫生立法的内容。从立法结构上看,这个时期的卫生立法涵盖了卫生行政立法、公共卫生立法、医政立法、药政立法、食品卫生立法、医学教育立法六个方面。卫生行政是南京国民政府管理卫生事业的基础,同时它也是政府行政体系中的一部分。南京国民政府首先颁布卫生行政法规,建立起了从中央到地方的卫生行政体系,并且明确了相关主管机关的职责。其次,为了改进城市建设、改善公共卫生、加强国家防御疫情的能力、提高人民的健康水平,制定了专门的法规;再者在医政和药政立法方面,规定了医师、药师以及其他医务人员的注册登记的执业制度;医疗机构的登记管理;药商及药品的管理等等;此外为了加强饮食物的安全,对饮食物、饮食物的用具、牛乳、食品添加剂等方面进行规范;最后为了加强卫生人才的培养,在医学教育方面进行了立法。 第四章:南京国民政府前期卫生立法的评价。通过对南京国民政府前期卫生立法内容的分析,结合其实施的具体情况,从宏观上总结了这个时期卫生立法的特征。由于确立了比较完整、系统的卫生法制体系,从而推动了当时卫生事业的发展,也为现行台湾卫生立法奠定了基础。当然,南京国民政府前期卫生立法也存在立法主体混乱、立法层级低、实施效果不够理想等不足。 结论:结合我国当前卫生法律体系建设过程中所面临的问题,在对南京国民政府卫生立法过程进行分析和探讨的基础上,希望从中得到一些启示。
[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.
【学位授予单位】：重庆医科大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.16;D929
本文编号：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.
【学位授予单位】：重庆医科大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.16;D929
【引证文献】
相关硕士学位论文 前2条
1 龚莲英;民国时期疫灾影响下的公共卫生意识变迁研究[D];华中师范大学;2012年
2 王涛;1927-1937年杭州卫生行政研究[D];杭州师范大学;2013年
，本文编号：2236752
本文链接：https://www.wllwen.com/falvlunwen/fashilw/2236752.html
