网络安全检测|网络安全服务|网络安全扫描-香港墨客投资移动版

    As the mother law in the field of basic medical care and health promotion, the main purpose of legislation is to incorporate the provisions of the Constitution on citizens’ basic rights. The basic rights of citizens are, above all, human rights. The right to subsistence is the most important human right. It not only refers to the right to life itself, but also includes various necessary conditions to maintain life and health. Therefore, the right to subsistence inevitably leads to the right to life and health, and inevitably requires the government to ensure citizens’ “basic medical and health service guarantee right”. The social “agreement” on this consensus basis, that is, legislation is used to clarify the state’s realization obligation. In the legislative design, it fully expounds that the government must assume the responsibility of protection. Our government has sufficient economic strength to make more efforts in the basic medical protection of citizens  in a bid to push forward the strategy of a healthy China and lay the foundation for a well-off society. General Secretary Xi has clear instructions on such path. On the afternoon of April 15, 2019, General Secretary Xi pointed out in his speech in Tan Dengzhou’s family, a poor family in Huaxi Village, Zhongyi Township, Shizhu Tujia Autonomous County, “Basic medical insurance, serious illness insurance and medical assistance are important guarantees to prevent people from returning to poverty due to illness. The guarantee role is crucial.” The so-called “basic medical insurance, serious illness insurance and medical assistance”, in a word, is to ensure that the basic medical and health services of the masses are accessible and conform to the standards suitable for social development. It can be seen that in General Secretary Xi’s health promotion ideology, basic medical and health services have become a guarantee measure to solve the outstanding problem of “two assurances and three guarantees”. As the main principles, they are not civil acts of buying and selling in the market. In fact, they are the priorities of countries and governments that are active in human rights to realize their obligations. Therefore, General Secretary Xi requested that “we should speed up the improvement of relevant support and safeguard measures such as subsistence allowances, medical insurance and medical assistance, and use the system to prevent the reoccurrence of poverty to those who had been lifted out.” Only in this way can the whole people be free from the fear of treatment burden as soon as they are ill or injured, so as not to impair their dignity due to sickness or injury! In short, it means winning dignity by rights and agreements! This is also the summary of the core values of the Law.

2 权利与约定

2 Rights and agreements

我国《宪法》明文规定国家尊重和保障人权（第三十三条），国家保护人民健康（第二十一条），我国公民在年老、疾病或者丧失劳动能力的情况下，有从国家和社会等方方面面获得物质帮助的权利。国家及各级政府发展为公民享受这些权利所需要的社会保险、社会救济和医疗卫生事业（第四十五条），学术界和实务界多年来并不擅于直接用人权理论来驾驭和阐述围绕健康权的实现机制的医药卫生体制改革与卫生法学研究，也不注意以此指导和统御卫生立法。而通过司法实现这些社会权是国家不可推卸的责任和保障社会权最有效的方式。中共中央政治局5月29日下午就“切实实施民法典”举行第20次集体学习。习近平总书记在主持学习时强调，民法典对坚持以人民为中心的发展思想、依法维护人民权益、推动我国人权事业发展…具有重大意义。可见，权利（人权）-约定（立法），是我国法律体系的重要功能，更是固根本、稳预期、利长远的基础性法律的主要功能。