At the just-concluded 2008 APEC GAP International Scientific and Technological Cooperation Seminar and the Chengdu Forum for the Sustainable Development of Chinese Medicinal Resources, relevant experts called for the revision and improvement of laws and regulations as soon as possible and the protection and utilization of Chinese medicine resources in accordance with law.
Experts believe that the Regulations on the Protection and Management of Wild Medicinal Plant Resources promulgated by the State Council in 1987, as the first laws and regulations on the protection and administration of wild medicinal herbs in New China, have played a positive role in the protection of wild medicinal resources in China. However, due to tremendous changes in the domestic and international situation in the past 20 years, the legal framework, institutional framework, and institutional framework for wild medicinal materials management have become increasingly inconsistent with the status quo. The implementation of the “Regulations†inevitably presents some insurmountable obstacles. The embarrassment of being unattainable and difficult to implement can no longer meet the needs of conservation of traditional Chinese medicine resources.
According to reports, the deforestation of wild medicinal resources has intensified in recent years. Due to the early formulation of the "Regulations" and the relative lack of content, the protection of wild medicinal resources is in a state of incompatibility in some cases. Existence and lax enforcement often occur.
At present, the management of wild medicinal resources in China adopts a multi-sectoral joint management system, which has resulted in the protection of wild medicinal resource resources from being excessive and fragmented, and the competent authorities are not clear. At present, the administrative department of wild animals and plants is the Ministry of Agriculture, the Ministry of Agriculture, and the competent authorities for the production, operation, and use of Chinese medicinal materials include the State Food and Drug Administration, the State Administration of Traditional Chinese Medicine, the National Development and Reform Commission, and the Ministry of Health. Due to the lack of effective communication and exchange of information between the protection management department and the production and management department, there is no unified mechanism for the protection, management, and operation, which has resulted in the implementation of laws and regulations for the protection of wild animals and plants promulgated by the state. Under the current system, the division of work among the competent authorities is not clear, there are serious cross-cutting powers, duplication and omissions, it is difficult to establish a unified coordination mechanism, also led to the "multi-headed management" and "headless management" phenomenon.
The current management system for wild medicinal resources in China is very imperfect. For instance, the lack of a clear ownership system for national sovereignty lacks a legal basis for the acquisition of genetic resources and related intellectual property protection, coupled with the people’s awareness of the genetic resources and intellectual property protection of wild medicinal herbs and the concept of legality. Weakness has made the protection of wild medicinal resources and intellectual property largely out of control.
Experts called for the rapid development of legislative research on wild medicinal materials management systems and the revision and improvement of the Regulations. This is the primary task of strengthening the management of wild medicinal resources and the sustainable use of wild medicinal resources. Experts pointed out that China’s wild medicinal resource management model still has its rationality. According to China’s actual situation, it is necessary to determine and improve the competent department of wild medicinal resources and its main management authority. It is suggested that the basis for coordinated management of multi-sector management be clear and coordinated. Competent authorities: It is recommended that the State Administration of Traditional Chinese Medicine, as the competent department of Chinese medicine, assume this responsibility, play a coordinating role in the inter-ministerial coordination meeting of Chinese medicine, mobilize the enthusiasm of relevant parties, revise and improve laws and regulations concerning the protection and management of Chinese medicine resources, and urge Successful implementation.
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