试论对过度医疗的监管治理

过度医疗已成为社会热点，涉及医疗领域诸多问题。本文在分析过度医疗构成要件及其存在原因的基础上，从完善监管的角度入手，着眼于探讨过度医疗的遏制之道。建议从以下几方面改善监管以治理过度医疗：一是健全医疗机构的法人治理结构；二是改革政府监管机制，主要包括实施正当的监管程序、监管影响评价程序等；三是强化行业自我监督机制；四是实施替代性监管策略，主要是改革医疗付费方式；五是保障公众和舆论对于监管的监督。·

Analysis on regulatory governance on overtreatment

Overtreatment has become a hotspot of social attention, which is associated with many problems in health system. Based on the analysis of the constitutive factors and reasons, from the perspective of improving regula- tion, the paper aims to explore the method of confaining overtreatment, and improving regulation from the following aspects： First, to implement corporate governance structure in medical institutions ; Second, to reform government regulation, including implementation of due process and regulatory impact assessment; Third, to strengthen industry self-supervision ; Fourth, to implement alternative regulatory strategy, mainly reform of medical payment; Fifth, to ensure public oversight of government regulation and industry self-supervision.