The Fifth Plenary Session of the Eighteenth Central Committee of the Party first proposed "Promoting Healthy China Construction"，"Healthy China" is rising to national strategy。For this，my country's medical and health legal system is constantly being improved，and the concept of "medical law" from the original "Health Law"，It aims to adjust the medical institution、The relationship between the medical staff and the relatives and their relatives，To build a harmonious doctor -patient relationship and good medical order。The "Physician Law" officially promulgated in August 2021，It plays an important role in the expansion and development of the "Medical Law"。In this background，Exploring how to further realize the in -depth integration of modern medicine and law，It is a major issue facing the medical and law circles。

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In ancient，Medical and Law is two disciplines for different social contradictions，But also chosen divinations such as divination to speculate to solve the problem of disease or dispute。This makes people have an illusion of "homogeneity of medical law"。With the improvement of human material living conditions and accumulation of practical experience，Medical and Law gradually move towards science，and have their own independent research paradigms，Both of the two also take off naturally in the choice of social governance。But，Even if the two have very different mechanism logic，But can still achieve cross -integrated integration，The fundamental，Bet365 app download In the common philosophical basis between medical law，The pursuit of humanistic spirit。

"Respecting the individual of life and guaranteeing the survival of life" is the gift of humanism spirit to human society，Medical and Law also takes better realization of social development。For medicine，Its core motivation is to achieve the high quality continuation of life through the method of treating diseases and saving people。Modern Law is also the same，It often protects the protection of human rights and its derivative rights through legal norms。Taking this as the premise，The development of medical activities can be regulated without violation of legal rules，This is also a career that China and foreign countries have been working hard。The book "Zhou Li" in the pre -Qin classics of our country records the earliest establishment of an institution that includes manager medicine、Doctor assessment、Doctor's responsibilities and other medical management system regulations。and then，"Qin Law" is forbidden to kill babies、Abortion and other regulations。"Tang Law" accidentally injured the doctor、Adjustment error、Medical fraud, etc., formulated more detailed specifications。To the Song Dynasty，The forensic book "Washing Collection", which was born in the world's first system,。These are the syndrome of the blend of medical law。abroad，"Hammurabi Code" and "Twelve Copper Watch Laws" and other ancient laws also have regulations on medical and health，Especially the formation of the ancient Roman law system，The pharmaceutical and health law system marked in the era of slavery has germinated。In the 12th century，King Rogel, King Sicily, promulgated the earliest laws that prohibit the medical practice Bet365 lotto review of students who are not assessed with government assessment。1848，The British formulated the first modern public health code "Public Health Law"。until near modern，Laws of various countries have long regarded some core ideas in medicine as gems，It is reflected in the constitution of various countries。As the constitution of our country，The state must respect and protect human rights; the Italian constitution regulations，The Republic protects health as a basic human rights and social interests;，Everyone has the right to maintain health and medical help。

　　The inner logic of the blending of medical and law with the theory of "legal benefits"

Current，my country's medical and health legal system has basically been formed，But these laws and regulations are scattered in multiple laws and regulations documents。To avoid fragmented in the process of blending medical law、Disordinary and confusion，It can be supported by the theory of legal benefits，Establish an inner logic framework between relevant legal norms。

Usually，Application of the concept of legal benefits concentrated in the field of criminal law，Think of the benefit of the protection of criminal law，But in fact，It should be the concept shared by all laws and specifications，That is, as long as it is worthy of legal protection, it can be called legal benefits。From the perspective of legal benefits，The construction of the medical and health legal system is based on the legal benefit of life right。In this process，The law has produced the protection of other legal benefits related to life rights，Right Health、Body rights, etc.。Around this basic logic，The blending of Chinese medical law presents the following ways: First of all，The blending of the two is reflected in Bet365 lotto review the Constitution，For example, Article 21 of the Constitution stipulates that the state must develop medical and health undertakings; Article 33 stipulates that the state must respect and protect human rights;。In the Department of Department Law，Life and its related laws.，"Civil Code" created the right to life、Health Right、Power of fertility rights，Realize the guarantee of life -related; while the Criminal Law is crime of intentional homicide、Crimes of intentional injury to protect personal rights。With the progress of society，The protection of the law of the law of life is no longer 囿 囿，Starting to bias the overall health and safety of the people，and gradually established a public health and security legal system with administrative color，Among them, the "Infectious Disease Prevention Law", "Drug Management Law", "Food Safety Law", "Emergency Regulations on Public Health Incidents", etc.。Casting late，The concept of medical law appears，Focus on how to adjust medical institutions、The relationship between the medical staff and the relatives and their relatives，To build a harmonious doctor -patient relationship and good medical order，Among them, the "Practice Physician Law", "Medical Division Law", "Regulations on the Prevention and Handling of Medical Disputes", "Measures for Handling Medical Incidents", etc.。other，"Civil Code" and "Criminal Law" are also continuously adding corresponding new rights and new crimes，Loba with other departments、Normal files form a clear legal order system，Maintaining life and related interests together。

　　Under the conditions of the new era, the goal of the blending of medical law in my country

Medicine and Law have formed the value pursuit that has its own characteristics but blended with each other after thousands of years、Principles and standard system，But at the same time, there are bet365 Play online games their own discipline rules，Need to coordinate each other。So，To further realize the integration of medical law in my country，It is necessary to strive to promote the organic unity of the rule of law and medical laws。

First，Respecting medical laws is prerequisite。Medicine as a scientific practice with strong professionalism，There is a specific、The regularity of not being transferred by people's will。Experts, whether it is the virus and its pathogenic mechanism、Research on the way of communication，Still clinical diagnosis and emergency treatment of new crown pneumonia，All the content of the use of medical scientific knowledge。Deepen the blend of medical law，It is necessary to avoid "legal universal theory"，Properly introduce the concept of legal norms on the basis of respecting and maintaining the independence of medicine。After all，Law as a governance method，There is still limitations when the real problems used to solve the medical field，It can only regulate some illegal crimes，But can not fully control the development of medical technology。If the law rarely breaks the law of medical and acts，It will cause incompatibility between the two。

Next，Legal escort for medicine。Although the law should respect the laws of medical，But it is not completely decentralized to participate in social governance activities，Therefore, the law needs to escort medical development and provide standardized guidelines，To avoid the indulgence development of medical technology。The law has a certain guiding role as a social rule，Adjust the behavior of people，Can provide basic guidelines for medical activities，Prevent medical development trajectory from deviating from the right track。Law through establishing specific bet365 best casino games normative rules，Can make medicine develop rapidly，The requirements of legal liability，To achieve a balance between medical innovation and legal system。But it is worth noting is，Each department method has its own applicable field，When using the law to solve practical problems，Do not confuse the standard border between law and law。For example，For medical disputes that should be resolved in civil law，You cannot use the criminal method prematurely。So，To adhere to the principle of unity of law and order，Clarify the specific rules connected between the law and the law，Protect the appropriate conversion between different laws。

Last，Continue to focus on the development of public health legal system。For the new situation in the response to the public health crisis，To improve the corresponding laws and regulations in time，To prevent possible risks to the greatest extent、Solve potential disputes。For example，It provides a basis for effectively resolving the legal risks in the "Redsie" medicine。

In short，The relationship between medicine and law，It's like a dam and river water，Law is a dam，Medical activities are river water，Dam regulates river water，Ensure that the river water runs freely within the range of the dam，benefit humans。At the same time，Just like the slow shape of the river water to the dam，Medicine is also constantly developing and changing the face of the law。In this sense，Medical rule of law should be based on the scientific and rational understanding of medicine and law，organically unified rule of law and medical laws，to maximize the health and safety of our nationals。

　(This article is the key project of the National Social Science Foundation "Research on the Construction of Legislative Mechanisms and System Construction of Human Genetics Resources" (19AFX021) phased results)

(Author Unit: Key Laboratory of the Research of the Law of the Ministry of Natural Resources、The Department of Law of the School of Public Management of China University of Geosciences (Wuhan); Law School of Hunan University of Technology)