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过省级药品集中采购平台进行的药品集中采购制度是我国医药卫生体制改革的重要配套政策之一,也是深化医药卫生体制改革的关键环节之一,旨在通过实施政府主导、以省(区、市)为单位的网上药品集中采购模式达到“降低药品虚高价格、预防和遏制腐败行为、整合重组药品生产流通企业”的目的。改革开放以来,我国药品集中采购工作在争议、探索和尝试中不断完善。但这项制度本身从组织架构和采购程序上却与现行有关法律存在很多方面的冲突。这样的冲突不仅影响了药品采购效率,还使得相关参与方的权益无法得到有效保障,不合理的行政干预还滋生了“权力寻租”等现象。本文对目前药品集中采购制度涉及的相关法律问题进行梳理和分析,旨在为完善这项制度、提高采购效率提供政策建议。
The central procurement of medicines through provincial-level centralized drug purchasing platform is one of the important supporting policies for the reform of the medical and health system in our country. It is also one of the key links for deepening the reform of the medical and health system. The goal is to promote the reform of the medical and health system through the government- City) as the unit online pharmacy centralized procurement model to achieve the purpose of “reducing the price of drugs virtual high, prevent and curb corruption, integration of recombinant pharmaceutical production and distribution enterprises ”. Since the reform and opening up, centralized purchasing of medicines in our country has been continuously improved in disputes, explorations and attempts. However, the system itself has many conflicts with the existing relevant laws in its organizational structure and procurement procedures. Such conflicts not only affect the efficiency of drug procurement, but also make the rights and interests of the involved parties unable to be effectively protected. Unreasonable administrative intervention also breeds “rent-seeking” and other phenomena. This article sorts out and analyzes the related legal issues involved in the current centralized drug purchasing system, and aims to provide policy suggestions for improving the system and improving procurement efficiency.