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Examination and Improvement of China's Medical Assistance System — Based on 964 Local Legislative Texts

Received: 5 March 2023     Accepted: 10 April 2023     Published: 15 April 2023
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Abstract

Since medical assistance is a livelihood security system for the poor to obtain basic medical services, the construction and improvement of medical assistance system is an important component of social security and livelihood security of a country or region. This paper has selected 41 provinces and cities to investigate the effective local legislation of medical assistance since the current legal construction of medical assistance in China is basically led by local legislation. The total number of valid samples is 964 local legislative texts. This paper examines the local legislative model of medical assistance in China, local legislation hierarchy and legislative subjects, medical assistance handling service mechanism, Medical assistance fund raising, medical assistance objects and identification, methods of medical assistance, standards of medical assistance, and other aspects through samples analysis. It can be seen that under the administrative pattern of "multi-ministry co-governance", the local legislation of medical assistance is fragmented and has a low legislative level. At the same time, there are problems in various regions, for example extensive handling service mechanism, unclear financing responsibility, missing scope of aid objects, single aid method and great difference in aid standards. Then it summarizes the problems existing in local legislation and analyzes the hidden legal principles, while the unified medical assistance regulations should be formulated under the centralized and unified management system of the National Healthcare Security Administration, so as to improve the handling service mechanism, clarify the financing responsibility, undertake comprehensive standards to identify the recipients of assistance, and determine the scientific methods and standards of assistance.

Published in World Journal of Public Health (Volume 8, Issue 2)
DOI 10.11648/j.wjph.20230802.14
Page(s) 68-77
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2023. Published by Science Publishing Group

Keywords

Medical Assistance, Local Legislative Text, National Healthcare Security Administration, Medical Assistance Regulations

References
[1] Xiang Guochun."One-stop" service looks forward to policy convergence. China Social Security, 2016 (12): 72.
[2] Yang Lixiong. Social assistance legislation: comprehensive legislation or single promotion? Popular Tribune, 2020 (05): 27.
[3] Zhao Dahua. The Perfection of Social Assistance Legislation in Context of Safeguarding the Right to Social Assistance——Commenting on the Interim Measures for Social Assistance as Well. Law Science, 2016 (03): 118.
[4] Guan Xinping. Structural Adjustment and Institutional Optimization of China’s Social Assistance System. Journal of Shanxi University (Philosophy and Social Science Edition), 2020 (05): 124.
[5] Liu Songshan. Research on Chinese Legislation. Intellectual Property Press, 2016, p. 193-196.
[6] Wang Zhen. Medical Insurance and Medical Assistance Theory, Reality and Policy. China Health Insurance, 2019 (07): 17.
[7] Gong Puguang. Several Issues Related to China's Social Assistance Legislation. Chinese Social Security Review, 2019 (03): 117.
[8] Zheng Gongcheng. China's Social Security Reform and Development Strategy (Relief and Welfare Volume). People's Publishing House, 2011, p. 28.
[9] Lai Zhijie. Current Status, Main Problems and Construction Focuses of the Urban-rural Medical Assistance System. Contemporary Economic Management, 2014 (07): 55.
[10] Sun Shuyun. The Legislation Dilemma, Crux and Outlet of Fundamental Medicare in China. Journal of Shanxi University (Philosophy and Social Science Edition), 2017, 40 (03): 145.
[11] Yang Sibin. Dilemma and Solution of the Rule of Law of China’s Basic Medical Insurance. Journal of Anhui Normal University (Hum. & Soc. Sci.), 2019, 47 (04): 137.
[12] Zheng Gongcheng, etc. Research on Social Assistance Legislation. People's Publishing House, 2020, p. 107.
[13] Wang Hufeng, Zhang Huailian. Analysis on the supply responsibility of the government system for medical insurance financing in China. Reform of Economic System, 2006 (03): 38.
[14] OECD. Challenges for China's Public Spending toward greater effectiveness and equity. Organization for Economic Cooperation and Development, 2006, p. 92.
[15] Gu Xin, Bai Chen. Analysis of China's Medical Assistance Unfairness of Fund-Raising. Journal of Chinese Academy of Governance, 2015 (02): 39-40.
[16] Armando Barrientos. Social Assistance in Developing Countries. Cambridge University Press, 2013, p. 11.
[17] Yu Shaoxiang. The Rights of the Weak: A Jurisprudential Study on the Protection of Socially Vulnerable Groups. Social Sciences Academic Press (China), 2008, p. 9.
[18] Zhong Bingzheng. Social Insurance Law Theory. Sanmin Book Co., 2005, p. 51-52.
[19] Hu Yuhong. Understanding Social Fairness Doctrine Correctly in the Context of Protecting the Disadvantaged Rights. Law Science, 2015 (1): 93.
[20] Song Li. Research on the reform of the allocation of powers and financial rights of governments at all levels in China's public service supply (main report). Review of Economic Research, 2005 (25): 27.
[21] Hans Zacher. The European Design of Welfare Society: An Anthology of Zacher's Social Law. Peking University Press, 2014, p. 344-345.
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  • APA Style

    Zhang Liang, Sun Shuyun. (2023). Examination and Improvement of China's Medical Assistance System — Based on 964 Local Legislative Texts. World Journal of Public Health, 8(2), 68-77. https://doi.org/10.11648/j.wjph.20230802.14

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    ACS Style

    Zhang Liang; Sun Shuyun. Examination and Improvement of China's Medical Assistance System — Based on 964 Local Legislative Texts. World J. Public Health 2023, 8(2), 68-77. doi: 10.11648/j.wjph.20230802.14

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    AMA Style

    Zhang Liang, Sun Shuyun. Examination and Improvement of China's Medical Assistance System — Based on 964 Local Legislative Texts. World J Public Health. 2023;8(2):68-77. doi: 10.11648/j.wjph.20230802.14

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  • @article{10.11648/j.wjph.20230802.14,
      author = {Zhang Liang and Sun Shuyun},
      title = {Examination and Improvement of China's Medical Assistance System — Based on 964 Local Legislative Texts},
      journal = {World Journal of Public Health},
      volume = {8},
      number = {2},
      pages = {68-77},
      doi = {10.11648/j.wjph.20230802.14},
      url = {https://doi.org/10.11648/j.wjph.20230802.14},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.wjph.20230802.14},
      abstract = {Since medical assistance is a livelihood security system for the poor to obtain basic medical services, the construction and improvement of medical assistance system is an important component of social security and livelihood security of a country or region. This paper has selected 41 provinces and cities to investigate the effective local legislation of medical assistance since the current legal construction of medical assistance in China is basically led by local legislation. The total number of valid samples is 964 local legislative texts. This paper examines the local legislative model of medical assistance in China, local legislation hierarchy and legislative subjects, medical assistance handling service mechanism, Medical assistance fund raising, medical assistance objects and identification, methods of medical assistance, standards of medical assistance, and other aspects through samples analysis. It can be seen that under the administrative pattern of "multi-ministry co-governance", the local legislation of medical assistance is fragmented and has a low legislative level. At the same time, there are problems in various regions, for example extensive handling service mechanism, unclear financing responsibility, missing scope of aid objects, single aid method and great difference in aid standards. Then it summarizes the problems existing in local legislation and analyzes the hidden legal principles, while the unified medical assistance regulations should be formulated under the centralized and unified management system of the National Healthcare Security Administration, so as to improve the handling service mechanism, clarify the financing responsibility, undertake comprehensive standards to identify the recipients of assistance, and determine the scientific methods and standards of assistance.},
     year = {2023}
    }
    

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  • TY  - JOUR
    T1  - Examination and Improvement of China's Medical Assistance System — Based on 964 Local Legislative Texts
    AU  - Zhang Liang
    AU  - Sun Shuyun
    Y1  - 2023/04/15
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    DO  - 10.11648/j.wjph.20230802.14
    T2  - World Journal of Public Health
    JF  - World Journal of Public Health
    JO  - World Journal of Public Health
    SP  - 68
    EP  - 77
    PB  - Science Publishing Group
    SN  - 2637-6059
    UR  - https://doi.org/10.11648/j.wjph.20230802.14
    AB  - Since medical assistance is a livelihood security system for the poor to obtain basic medical services, the construction and improvement of medical assistance system is an important component of social security and livelihood security of a country or region. This paper has selected 41 provinces and cities to investigate the effective local legislation of medical assistance since the current legal construction of medical assistance in China is basically led by local legislation. The total number of valid samples is 964 local legislative texts. This paper examines the local legislative model of medical assistance in China, local legislation hierarchy and legislative subjects, medical assistance handling service mechanism, Medical assistance fund raising, medical assistance objects and identification, methods of medical assistance, standards of medical assistance, and other aspects through samples analysis. It can be seen that under the administrative pattern of "multi-ministry co-governance", the local legislation of medical assistance is fragmented and has a low legislative level. At the same time, there are problems in various regions, for example extensive handling service mechanism, unclear financing responsibility, missing scope of aid objects, single aid method and great difference in aid standards. Then it summarizes the problems existing in local legislation and analyzes the hidden legal principles, while the unified medical assistance regulations should be formulated under the centralized and unified management system of the National Healthcare Security Administration, so as to improve the handling service mechanism, clarify the financing responsibility, undertake comprehensive standards to identify the recipients of assistance, and determine the scientific methods and standards of assistance.
    VL  - 8
    IS  - 2
    ER  - 

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Author Information
  • School of Law, Shanxi University, Taiyuan, China

  • School of Law, Shanxi University of Finance and Economics, Taiyuan, China

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