从保健食品冒充药品现象来审视“药品”的定义

目的通过对药品和保健食品定义的比较分析,阐明“药品”法律定义存在的缺陷。方法《药品管理法》中的“药品”定义界定不清、专属性不强,与《保健食品注册管理办法（试行）》规定的“保健食品”概念外延有相交部分,应对其进行修正。结果通过修正使之更为精确、规范和统一。结论将符合修正后“药品”定义的保健食品按药品进行管理,取消“保健食品”的提法。

Discussion on Definition of Drug From the Phenomenon of Health Food Imitating as Drug

Objective According comparative analysis of definition of drugs and health food, the flaw of legal definition of ＂ drugs＂ was clarified. Methods The definition of ＂ drugs＂ in Drug Administration Law is not clear and the specific is not strong. It has intersection with extension of ＂ health food＂ regulated by Health Food Registration Management Measure （Trial）, so it should be amended. Results the adoption of amendments made it more accurate, standardized and uniform. Conclusions The health food products defined as ＂ drugs＂ are managed as drugs, the ＂ health food＂ is abolished.