Constructing China's Health Law Independent Knowledge System
September 14, 2023 15:22 Source: "China Social Sciences" September 14, 2023 Issue 2735 Author: Chen Yunliang

In recent years,The construction of health rule of law has been highly valued by the party and the country,Health legal issues have become hot spots of legal research。Under the background of constructing the self -knowledge system of Chinese law,How to build a scientific independent knowledge system、Form the theoretical system that is consistent、Effective guidance of the practice of health rule of law、Cultivate high -level health rule of law,Become a major basic question that has eager attention in the law of health law and even the entire law of law。

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For a long time,The title of "Health Law" is generally used in the academic community,There are also scholars who are used to "medical law", "life law", "medical and health law" and so on。"Sanitary" the word "Zhuangzi · Geng Sang Chu" "Sanitary Sutra",After the transformation of Japanese scholars as the name of the government medical and health management department,In the late Qing Dynasty and the beginning of the Republic of China, it returned to China,Special refers to medical and public health。But this word is easily confused in the Chinese context -it includes medical and public health in a broad sense,In the narrow sense, bet365 live casino games only public health,Usually synonymous with "clean" in the public context。The name of "Health Law" can easily confuse beginners,Makes the public from understanding accurately。In view of the international name "Health Law",I believe that the subject should be named "Health Law"。"Health" means more than "hygiene" Guang,You can include medical behavior、Public health behavior、Health Promotional Travel and even environmental protection,"Health Law" can comprehensively and accurately cover the discipline content,It will not cause confusion and ambiguity like "health law",More in line with the connotation of the party and the country's great health strategy。Internationally exchange scene,No need to translate into "health" or "hygiene" for "health" or "health"。The "Basic Medical Health and Health Promotion Law" formulated in 2019 can also be referred to as the "Health Law"。

  Research object 

The "Administrative Measures for the Professional Catalog of Graduate Education Discipline" of the Ministry of Education stipulates the discipline setting standard,Research on a field of fields to become an independent discipline must meet four conditions: 1. Determine research objects; 2. Generally, they should have multiple clear secondary disciplines; 4. Society has a stable and certain demand for the training of talents in this discipline。The determined research object is the basis for the discipline,Bet365 lotto review The following three conditions are its logical natural extension。The research object of the academic world believes that the research object of health law is the right to health,Health right is the basic human rights determined by the modern international human rights law after World War II。

"Charter of the World Health Organization" states: "Health is not only an elimination of disease or weakness,and the body grid、Complete state of spirit and society。Enjoy the highest and obtain health standard,is one of everyone's basic rights。Don’t be due to race、Religious、Political Belief、Economic or social situations are different,Divided Xuan。"This file gives" health "a three -dimensional internationalization concept,It even acknowledged that the right to health is a basic human right,The necessity of the protection of health rights in terms of value。Health rights have negative health and positive health rights,is divided into healthy freedom and health social rights。The former emphasizes the lead and self -determination of citizens of their own health affairs; the latter emphasizes the country's obligation to guarantee the health of citizens,It can be further divided into: medical service right,That is, the right to obtain medical services provided by the state by citizens; public health service rights,That is, citizens have obtained from the country, including infectious disease prevention bet365 best casino games and control、Non -infectious disease prevention and management、The right to public health services such as mental health services; the right to basic medical security,that is, citizens have the right to participate in the country's basic medical insurance,The right to receive funding at the time of consultation; medical rescue assistance,That is, the poor have the right to obtain medical assistance from the country and society; the right to treat emergency medical treatment,That is, citizens have the right to get necessary medical services in time when they encounter emergency situations。National Legislative and Medical and Health System is exactly based on this healthy of the health authority,Dedicated to protect citizen health,To maximize citizen health。

  Disciplinary System 

Basic composition according to the right of health,The academic community said that the health law is divided into two secondary disciplines: medical law and public health law。Based on the two -point method,Because the medical security law focuses on solving the funding problem for citizens to see a doctor,The social relationship of its adjustment is completely different from the medical law and public health law,Therefore。Of course,Some people think that the medical security law is a research object of the Social Security Law。However, from the perspective of practice,The knowledge structure of social security bet365 live casino games law cannot cope with the problem of complex medical security laws in reality,This may be the reason why there are few research results in the medical security law -after the "Medical Security Law (draft)" was introduced,The academic world is almost right。

other,Using drug and medical device is medical behavior,Therefore, the law of medicine and medical device should belong to the content composition of the medical law。But in our country,Medical、The medicine has become two areas of independent separation,Drugs and medical device methods have unique personality。In the current system,Drug supervision and medical supervision are also divided into market supervision and management departments and health and health authorities。So,I believe that the Health Product Law (including the Drug Law、Medical Device Law and other medical product methods) can also become a relatively independent secondary discipline for health law。

To sum up,my country's health law can be divided into medical laws、Public Health Law、Four second -level disciplines of medical security law and health product law,This constitutes its basic subject system。

  Unique words 

Modern medicine is firmly in the right to speak by Western medicine,Medical System、Academic Exchange、Laws and regulations are constructed in accordance with the logical system of Western medicine。Chinese medicine is a unique diagnosis and treatment method accumulated Bet365 app download for thousands of years of Chinese people,Although some people completely exclude Chinese medicine,But it is stubbornly inherited,It is proven to be valid,The treasure of Chinese civilization。Follow the standard of Western medicine,If Chinese medicine、Chinese medicine cannot be reasonably recognized,Therefore,To build your own discourse system。Determination of the qualifications of Chinese medicine physicians、Technical Standard、Tariff level、Tariff level、Motivation of the effect、Legal responsibility and other studies cannot be simply according to the Western Medicine Knowledge System、Draw the scoop in the theory of law,We should target the rights of Chinese medicine doctors、Traditional Chinese Medicine Intellectual Property Protection、Unique legal issues such as Chinese herbal medicine quality guarantee to form an independent knowledge system for forming a system。,Health Law also needs to study the international medicine of Chinese medicine,On the one hand, the World Health Organization must recognize Chinese medicine in international law,On the one hand, find the legalization of Chinese medicine in other countries,The main obstacles to the internationalization of Chinese medicine。

  (The author is the vice president of the Chinese Health Law Society、Professor of Law School of the University of Foreign Studies from Guangdong) 

Editor in charge: Cui Bohan
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