Nutrition

Thinking about the legalization of the status of Chinese nutritionist
The nutrition, as an independent discipline, started in chemistry. Progress of technology. In the late 1980s, the international nutritional academic community established the definition of nutrition: the growth of life objects, maintaining and repairing the sum of the entire life or part of the process. Nutrition of foreign countries, especially Japan, has developed rapidly, and nutritional legislation is relatively complete. As an emerging profession in Chinese nutritionists, it has just been born. The legalization of nutritionist status refers to a nutritionist recognized by the law as a professional, that is, the nutritionist enjoys an equal legal status as the employees of other industries. process.
. The background of the legalization of nutritionist status
1. The nutritional status of residents in my country is not optimistic.
In recent years, with the development of the economy and the continuous improvement of the living standards of the people, the dietary nutrition status of urban and rural residents in my country has improved significantly compared with more than ten years ago, but it is facing nutritional deficiency and excess nutrition. Double challenge. Nutritional deficiency is caused by insufficient eating or eating that cannot be fully absorbed or consumed by chronic diseases. Typical nutritional deficiency is protein -energy malnutrition. Excess nutrition refers to energy intake exceeding the consumption of the human body. Often diseases are obesity, hyperlipidemia, hypertension, coronary heart disease, cerebral thrombosis, fatty liver and diabetes. Nutritional deficiency and excess nutrition are malnutrition and cause damage to the body.
The researcher Zhai Fengying, Secretary -General of the Chinese Society of Nutrition, said that at present, my country’s malnutrition population is one of the largest countries in the world, and the loss brought by it is about 300 billion to 500 billion yuan each year. The survey report jointly released by the Ministry of Health, the Ministry of Science and Technology, and the National Bureau of Statistics shows that the incidence of chronic diseases such as hypertension and hyperlipidemia caused by excess nutrition has increased year by year, and patients are getting younger. There are 160 million adult blood lipids across the country, 160 million adults suffer from hypertension, and more than 20 million people have diabetes. Each of each 100 adults in large cities is overweight. The health of our residents is not optimistic.
2, the current status of Chinese nutritionists
(1) The serious lack of nutritionists
According to the above -mentioned survey of the Ministry of Health, the main reason for the excess nutrition of urban residents is the lack of necessary nutritional knowledge and skills. At the same time, nutritionists are generally inadequate, especially the lack of high -tech public nutritionists, and the number and population ratio are seriously unbalanced.
. my country’s 1.3 billion population is only more than 3,000 nutritionists, and it is basically distributed in the hospital. It is difficult for community kindergartens and other institutions to find nutritionists. In 2003, the National Food and Nutrition Consulting Committee had a survey on clinical hospitals across the country. Of the 403 hospitals that were surveyed, only a few large hospitals were equipped with two or three nutritionists. No equipment.
(2) Vocational qualification certification standards have different standards, many training names, and nutritionist quality problems.
Recently, the Ministry of Labor and Social Security announced to the society with health managers and public nutritionists as the fourth batch of new occupations, marking that China’s nutritionist career development has begun to enter the right track.
However, recently, reporters found that there were many incompletes in investigation of nutritionist qualification certification, current status and service content. Nutritional training and certification in society are many. Faced with the questioning of which reporter’s name is authentic nutritionist, different training leaders each hold their own opinions and express their own opinions, but the same is that they all promise to obtain certifications nationwide after training. Relevant experts told reporters that all these all kinds of training certificates after training are not formal certifications of the country’s occupation. In other words, existing public nutritional certificates are only “job training” certificates, and nutritional health care is just the certification of the association.
The reporter also found that the threshold for some training courses was very low, and the training time was very short. The training of a primary school graduate training became a nutritionist for two weeks. How can this fast nutritionist guarantee its quality?
The deputy secretary -general of the China Elderly Health Medical Research Association, Yifei, is the main person in charge of providing the research report of the Ministry of Labor and Social Security for the research report of public nutritionists. Regarding the training and quality of public nutritionists, she said that the Ministry of Labor and Social Security is now on the national standards, national textbooks, national qualification certification and other issues. This emerging profession will have scientific development trajectory.
. The development of the legalization process of nutritionists
Prior to the “two sessions” this year, 46 well -known experts in my country called for nutritional legislation to improve the level of national life and health. The Ministry of Health held a seminar on the legislative work of nutritional improvement in China. The staff of the Legislative Affairs Office of the State Council carefully listened to the opinions of experts and stated that the necessity of nutritional legislation was very clear, which created a supportive environment for nutritional legislation.
In order to solve the most urgent problems in dietary nutrition in my country, the “Regulations on the National Nutrition” entrusted by the Ministry of Nutritions by the Ministry of Health has been completed in March. It is expected to be introduced in recent years.
The upcoming “National Nutrition Regulations (Trial)” focuses on solving the following problems: nutrition surveys and monitoring, nutritional elements must be indicated on food labels, nutritional nutrients such as infants and young children, women, etc. The “Regulations” also stipulates that 100 -person restaurants must be equipped with a nutritional dining staff, and restaurants with more than 300 meals must be equipped with a nutrition manager. At the same time, all kindergartens and schools must be equipped with professional nutritionists.
The feasibility of the Regulations, especially the operability of the nutritionist, is questionable. It is difficult to implement in areas in rural areas without kindergartens. In addition, in accordance with the estimated number of equipment provided by the Regulations, my country’s current nutritional gap is about 4 million. In sharp contrast, the level of Chinese catering consumption has grown rapidly. According to statistics from the Chinese Culinary Association, in 1991, the total turnover of the national catering outlets was only 49.2 billion yuan. By 2004, this number rose to 748.6 billion yuan. Over 880 billion yuan. Therefore, there is an irreconcilable contradiction between the number of nutritionists and the feasibility of the Regulations.
The preparations for nutritional legislation have been carried out for many years.
. The practice and discussion of the nutritionist in the process of occupational legalization
The nutrition does not have a very complete and ideal legal and policy environment in China. Intervention management systems, existing legislation is still blank in this field, all problems in the field of nutrition can only be measured by industry self -discipline and moral norms.
, then, in the future, nutrition practitioners, especially those who have obtained or strive to strive for professional qualifications of nutritionists in the future work, do they practice in their future work? How to protect your own interests by effective means? What will the demanders who accept nutritional services (customer/help) rely on to ensure their legitimate rights and interests?
1. The legal status of a nutritionist
It, as a new concept occupation, “Nutritionist” should also face social needs as a professional industry, like other industries. According to the existing practice pattern of the nutrition industry and the consideration of future trends, the main form of the main body of the industry is roughly classified as follows:
① Medical system nutritionist
② school, institutional canteen and catering companies Nutrition manager
③ individual practice nutritionist or nutrition consultant
a individual nutrition service agency
B cooperation or partnership nutrition service agency
can see from the above category that Chinese nutritionist mainly exists In the two major areas: First, the internal institutions of related medical, education, catering and other units. As employees of the above -mentioned units, they serve the group in the name of the unit. Service organizations directly serve the society in the name of personal or institutions.
The individual practice business of nutritionist is based on the concept of “natural person” (that is, “citizen”). The subject of the legal responsibility is also a natural person. Of course, with the development of society, it does not rule out the possibility of diversified forms such as cooperation systems (lawyers, registered accountants, foreign psychologists) and even corporate systems.
In contrast, nutritionists in medical, education, and catering units, although they are actual providers of nutritional services, do not have the main body of the contract relationship or service consumption relationship between the people in need. The status, the undertaking of the legal responsibility and the owner of the rights (that is, the subject of the legal subject) should be their unit, and they only perform their duties in the name of “unit”.
2. The legitimacy of the service behavior of the nutritionist
The principle of “statutory, from legal; no legal, obedient, obedient” according to civil legal behavior, at present, there are still no industry law (special law) regulations to restrict the laws of regulations of the industry (special law) regulations. Under the premise, the agreement and behavior between the nutritionist and its client group, if not violated Article 55 of the General Principles of the Civil Law (General Law): to meet the
① The actor has the corresponding civil behavior capabilities;
② The meaning of the meaning is true;
③ “No violation of laws, administrative regulations and social public interests”, and the written, verbal or other forms of agreement and behavior between the two parties should be regarded as effective civil law Behavior.
In short, the service of psychological counselors is legal.
3. The legal guarantee for the opening and practice of nutritionists
The person who obtains the nutritionist qualification certificate can conduct nutrition services that can be consistent with its ability according to different levels. So, how should you practice? At present, before the introduction of industry regulations, there are many similarities between doctors and lawyers’ practice and nature as nutritionists. We may wish to learn from it and do some useful explorations for future nutritional legislation.
(1) Management of Nutritionist
① The granting of practice qualifications (practice registration system);
② industry competent institutions;
③ The following situations are not qualified to practice Complete civil capacity;
b is punished by criminal penalties;
c is eligible for nutritionist;
D should not engage in other situations.
(2) The opening conditions of the psychological counselor
The legal and provisions of several other industries related to the nutritional service business (belonging to the service industry) (such as the “Practice Physician Law” and the “Certified Accountant Law” The procedures for the opening of the Lawyer Law) and the practice, the author believes that the nutritionist practice agency should have the following conditions:
① practitioners who have the name of professional standards and working years (have practicing qualifications);
② there is suitable for suitable Names, organizations and places;
③ have funds that are compatible with its business (at least = 10,000 yuan) and equipment and instruments;
④ have corresponding rules and regulations; Essence
(3) The opening process of the nutritional service agency
① Application for establishment;
② approval;
③ opening.
(4) The practice content and legal form of the nutritionist
① practice content:
divided by professional functions, the work content is generally:
a nutrition survey R nC nutrition management
D nutrition consultation and guidance
e nutrition education, etc. The legal form of service:
The main content of the “Service Contract”:
1) Both parties; A A Party B (customer/customer/helper/demand)
2) contract target: nutrition and health service;
3) Toll price/remuneration; Cycle), location (professional location -nutrition studio);
5) Treatment plan:
6) The rights and obligations of both parties:
a Party A’s rights
a in accordance with professional standards and industry specifications Provide nutritional services;
b shall be implemented according to the established diet plan. If the help of the help, Party A has the right to terminate the contract;
c is paid in accordance with the agreement; Standard and industry specifications provide nutritional services;
b combined with the actual situation of the help, specify the scientific dietary plan and plan to implement;
C protection of Party B’s right to health and life; ;
c Party B’s rights
a to obtain satisfactory services in accordance with the contract;
b has the right to service;
C health rights and life rights are protected;
D privacy rights are protected;
D Party B’s obligations
a stated their own real situation in order to allow Party A to make accurate judgments;
b accept Party A’s diet plan and try to cooperate; ;
7) Defense liability;
8) Privacy protection, confidentiality terms;
9) Other agreements.
4, the rights and obligations of the nutritionist
(1) Rights
① In the scope of laws and regulations, occupational standards, and industry practice, conduct special printed nutrition services, and choose a reasonable dietary solution;
② Entering nutrition research, academic exchanges, and participating in professional academic groups;
③ participation in professional training and receiving continuing education for nutrition;
④ to make opinions and suggestions on the nutrition work of the institution and the work of the relevant departments, Participate in the democratic management of the institution in accordance with the law;
⑤ In practice activities, personality dignity and personal safety are not violated;
⑥ obtain wages, remuneration or allowances, and enjoy the welfare benefits prescribed by the state;
⑦ others.
(2) Obligations
① Comply with laws, regulations, and policies;
② Comply with bank regulations (industry practices, trading rules …) and industry service operation specifications; Occupational ethics, fulfill the duties of nutritionist, and serve customers with due diligence;
④ respect the person’s personality, care, protect customers, and protect customers’ privacy;
⑤ Nutrition and health knowledge, and the whole of the community, including the community Society conducts nutrition and health education;
⑥ Due to the damage to customers’ interests due to intentional or significant, they should be liable for compensation in accordance with the law.
5. Legal liability
(1) Responsible subject to the subject:
① The unit (hospital, school, catering unit, etc.) of the nutritionist’s performance is the main body of responsibility; responsibility.
② Individual practitioner nutritionist assumes legal responsibilities in his own name and personal property.
Ifly if you use a family share of property, or the main part of the income for family members, you will bear civil liability for family property.
It, an individual practitioner can operate partnership or the font size, which is called a personal partnership. The partner assumes the liability of the company to the outside world, and the inside is shared in accordance with the contribution ratio or the responsibility and the distribution of surplus agreed on both parties.
(2) The consequences of possible damage:
① damage to the physical rights, health, and life rights of the demanders;
② damage to the property rights of demanders and their close relatives;
③ The mental damage of the demander and its close relatives;
④ damage to the reputation and privacy of the demander. The consequences of these damage occur at the same time, but sometimes only one or several items occur.
(3) The method of legal responsibility
If according to Article 143 of the General Principles of the Civil Law, a nutritionist has a dispute with customers/demand/help in the job due to his job behavior. The way of responsibility is as follows:
① Stop the damage;
② to eliminate risk;
③ Return to the property;
④ to restore the original state;
n ⑦ Eliminate the influence and restore reputation;
⑧ Apologize.
The method of liability for civil liability can be applied separately, or it can be combined.
Is involved the lawsuit, and may also be admonished, ordered, regretful, and illegal income to collect illegal activities, and “treatment” for fines and detention in accordance with the law. What kind of consequences are due to what kind of behavior, it should be distinguished.
We, as future practitioners, we must unite confidence to invest in nutrition.

References:
1. n3. “Nutritional Regulations Refuse Diet Dilemma” China MBA Network 2005.8.29
4. Survey
6. “Beijing Public Nutritionian Demand 50,000 to 100,000” China Graduate Talent Network 2005.11.4
7. 24
8. “New Points for Children’s Nutrition: Early Nutrition and Psychology -Behavior -Potential Development (Part 1)”

Obstacles refer to impotence, premature ejaculation, nocturnal emission, lack of essence, sexual indifference, and infertility. Most of them are functional. While using comprehensive treatment methods, they should also pay attention to diet conditioning.

1. Multi -quality protein

High -quality protein mainly refers to various animal foods, such as chickens, ducks, fish, lean meat, and eggs. All kinds of amino acids needed for sperm. Some animal foods themselves contain some sex hormones, which is conducive to improving the production of sexual desire, semen and sperm.

2. Proper intake of fat

Segial survey shows that women with long -term vegetarian food have delayed age of menstruation, reduced estrogen secretion, reduced sexual desire and affecting reproductive ability. Due to the reduction of essential fatty acid intake, sperm production is limited, sexual desire decreases, and even infertility.

3. Supplement of vitamins and trace elements

Research prove that vitamin A and E are vitamins related to maintenance and delay aging. They play a decisive role in promoting testicular development, increasing sperm production and improving their vitality. Vitamin C also has a positive effect on sexual function, which is rich in fruit sparse in fresh jujube, hawthorn, green peppers, tomatoes and other fruits.

The medical medicine attaches great importance to regulating such diseases from the diet. It is believed that sparrows, walnuts, dog meat, and shrimp have the merit of Fuyang to nourish kidney and solid essence. Patients with sexual dysfunction may wish to eat more such foods. In addition, the medical medicine also believes that it should be used with caution for foods that damage the yang and are not conducive to sexual function, such as crude cottonseed oil, pig brain, sheep brain, rabbit meat, black fungus, winter melon, diamond corners, almonds, etc.