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第6期 总第119期 南京医科大学学报（社会科学版）京医科大学学报（社会科学版）
2023年12月 Journal of Nanjing Medical University（Social Sciences）of Nanjing Medical University（Social Sciences） · 559 ·
Journal

Research on the legal regulation of online“primary diagnosis”

LIU Jingkun
Academy of China’s Rule⁃of⁃Law，East China University of Political Science and Law，Shanghai 201620，China
Abstract：The development of“Internet +Healthcare”in recent years has led to the development of the
healthcare industry while breaking through the regional restrictions of traditional medical treatment to provide
convenience for patients. Aiming to regulate online diagnosis and treatment，the current regulation stipulated
that online diagnosis and treatment cannot be applied to“primary diagnosis”patients，while the violations of
relevant regulations and breach of medical service contract require bearing civil liability and administrative
responsibility. However，there are some problems with online consultation in practice，such as the ambiguous
boundary between medical consultation and diagnosis and treatment services，the lack of specific standards for
primary diagnosis review，and the weak practical ability of current norms. In addition，illegal primary diagnosis
on the internet also disrupts drug administration. Based on the issues above，this essay puts forward the
following corresponding suggestions and measures. It is necessary to strictly distinguish between medical
consultation and diagnosis or treatment activities，refine the current regulations for the primary diagnosis，and
improve drug management systems related to internet diagnosis and treatment， improving the current legal
system to regulate online diagnosis and treatment activities strictly.
Key words：primary diagnosis；online healthcare；diagnosis and treatment activities；drug management；

legal regulation；perfection of system