略论我国卫生法律制度对健康权的保护

通过分析和回顾我国卫生法律制度的整体架构和历史沿革,对当前制度进行评价并展望未来,系统阐述了我国卫生法律制度如何保障国民健康权。目前我国卫生法律制度框架已初步形成,卫生行政法、民法中的医疗侵权、医疗刑法、有关社会法等均对健康权进行保护,但制度仍面临母法缺失、协调性不佳、精细度不足和立法滞后等挑战。以新医改为契机,卫生法律制度的完善应加快进程,应尽快制定母法,并对相关部门法做出调整,加强有关法律法规之间的协调性。

Protection of Health Rights from Chinese Health Care Law

The paper discusses how Chinese health care law protects health rights, through analysis of its overall structure and review of its evolution, evaluates the current health care law and recommend to future health care laws.The framework of Chinese health care law has initially come into being.The administrative health care law, medical torts in the civil law, criminal medical law and related social laws are protecting the health rights.Nevertheless, there are still challenges, such as the lack of a fundamental health law, weak coordination between health care laws, insufficient fineness of clauses and legislation lagged behind.Take the opportunity of carrying forward the new round of health system reform, the improvement of the health care law system should speed up, to make the fundamental health law, to make changes to related department laws and to strengthen the coordination of the laws.