论民营医疗机构的市场准入规制——以法经济学为视角

随着市场经济的深化发展,多元化医疗服务竞争机制的形成需要民营医疗机构市场准入.在我国鼓励社会资本办医政策下,民营医疗机构有了一定发展,但却存在逐利性和市场退出制度缺失等问题.引发这些现象的主要原因是医患信息不对称、医疗服务负外部性、供给诱导需求、医疗公共产品短缺等市场失灵现象.基于此,为确保医疗事业发展和医疗安全,政府应以从严规制与从宽规制相结合的方式,对民营医疗机构市场准入适度干预,建立民营医疗机构市场准入法律制度,明确其市场准入条件和准入范围,建立市场退出制度,以促进和引导民营医疗机构健康、快速和稳定发展.

Research on Market Access Regulation of the Private Medical Institution--A Law and Economics Perspective

with the development of market economy deepening, the formation of diversified medical service competition mechanism needs market access for private medical institutions. As China encourages social capital to invest in medical service field, private medical institutions had certain development, but there still exist some problems, such as profit-driven and absence of market exit system. The main reasons that caused these phenomena are that medical service market exists serious medical market failure, such as physician-patient information asymmetry, medical service negative externalities, shortage of medical public products. Therefore, to ensure medical safety and development of medical service, it is necessary to establish a legal system of market access to private medical institutions, combined with strict regulation and light regulation, to be explicitly stipulated the scope and conditions of market access and establish market exit system, so as to promote and guide the healthy, rapid and stable development of private medical institutions.