医疗联合体与就医的自我选择权

涉及民众自由、自我决定及对其的限制, 无疑是一项制度正当性的核心。自我决定权的价值不仅在于其处于人与人格的核心地位, 且从私法与公法、私权利与公权力的角度考量, 在可以避免国家代理的情况下, 必须设计权利直接行使的机制——自我决定权, 这既是权利本位法治理念的必然逻辑, 也是权利制衡和抗衡权力的重要方式。对权利的限制必须遵循必要性原则和适当性原则。我国不满足对民众的就医自我决定权限制的前提。

On the Medical Treatment Union and the Right of Self-selection in Medical Care

Freedom, right of self-determination and limitation on them are the core of the validity of an institution.Right of self-determination is the core issues of person and personality.From the perspective between the relationship of private law and public law, and the relationship between right and power, a mechanism through which right can be directly exercised is a must if it is unnecessary to have country as the agent.It is not only a logical necessity of the idea of standard of right, but also an important way to balance right and power.Limitation on right should follow the principles of necessity and appropriateness.China does not have the premise to restrict people's right of self-determination of hospitalizing.