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

China’s Constitution expressly stipulates that the State respects and protects human rights (Article 33), that the State protects people’s health (Article 21), and that our citizens have the right to receive material assistance from the State and society in the event of old age, illness or incapacity to work. The State and governments at all levels shall develop social insurance, social relief and medical and health services necessary for citizens to enjoy these rights (Article 45). For many years, academic and practical circles have not been good at directly using human rights theory to control and elaborate the medical and health system reform and health law research around the realization mechanism of the right to health, nor have they paid attention to guiding and governing health legislation. The realization of these social rights through justice is the unshirkable responsibility of the State and the most effective way to protect social rights. On the afternoon of May 29, the Political Bureau of the CPC Central Committee held its 20th collective study on the “Effective Implementation of the Civil Code”. When presiding over the study, General Secretary Xi Jinping stressed that the Civil Code is of great significance to adhere to the people-centered development idea, safeguard the rights and interests of the people in accordance with the law, and promote the development of China’s human rights cause. It can be seen that rights (human rights)-agreement (legislation) are an important function of China’s legal system, and are also the main functions of basic laws that consolidate foundations, stabilize expectations and bring long-term benefits.

在《基本医疗卫生与健康促进法》颁布之前，2017年12月22日由第十二届全国人大常委会第三十一次会议审议了草案，其“最为精彩的是第三条首次在法律层面上直接提出健康是人的基本权益”。申卫星教授认为“健康权”的概念将是这部法律的灵魂和最大亮点，“‘健康权’入法，就可强化政府对医疗卫生的投入和保障”。第四条第一款规定：“国家和社会尊重、保护公民的健康权。”首次在法律层面上直接提出健康是人的基本权益，以法律的形式激活了宪法里公民基本权利中的健康权。其实，其第一条“为了…保障公民享有基本医疗卫生服务…根据宪法，制定本法”，就是很明确的“健康权作为积极人权”定位的表述。何谓“保障”？就是“确保拥有”！国家、各级政府确保公民拥有基本医疗卫生服务。而这个服务极具专业性，其目标指向和功能承载，非其他，唯“公民健康权”一端，而非其他。因此说，保障公民享有基本医疗卫生服务，就等于说保障公民健康权，因为基本医疗卫生服务仅仅指向于健康权。继之，就当然有了第五条的公民有从国家和社会获得基本医疗卫生服务的权利。国家保护和实现公民获得基本医疗卫生服务的权利。和第六条的各级政府应当把人民健康放在优先发展的战略地位，将健康理念融入各项政策，推进全民健身，将公民主要健康指标改善情况纳入政府目标责任考核。全社会应当共同关心和支持医疗卫生与健康事业的发展。这些内容明显渊源于《宪法》有关条款。同时，最重大的意义在于，在《宪法》意外的法律层面首次明确“公民健康权”的积极人权属性，及国家、各级政府对此的实现职责。这是与民事性法律里的人权保护规则的区别之处。

Before the promulgation of the Law, the draft was deliberated by the 31st Session of the 12th National People’s Congress Standing Committee on December 22, 2017. The “most wonderful thing is that Article 3 directly proposes that health is the basic right of human beings at the legal level for the first time”. Professor Shen Weixing believed that the concept of “right to health” will be the soul and highlight of this law. When the “right to health” becomes a law, it may strengthen the government’s investment and protection in health care”. Paragraph 1 of Article 4 stipulates that “The State and society respect and protect citizens’ right to health.” For the first time, it is directly proposed that health is the basic rights and interests of human beings at the legal level, which activates the right to health in the basic rights of citizens in the Constitution in the form of laws. In fact, Article 1, “in order to... protect citizens’ enjoyment of basic medical and health services... this law is enacted in accordance with the Constitution”, is a clear expression of the orientation of “the right to health as a positive human right”. What is “protection”? It is to “make sure that people enjoy it”! The State and governments at all levels ensure that citizens have basic medical and health services. Such service is highly professional, and its target orientation and function bearing are merely “citizens’ right to health”. Therefore, to protect citizens’ access to basic medical and health services is to protect citizens’ right to health, because basic medical and health services only focus on the right to health. Then, Article 5 is introduced: Citizens have the right to obtain basic medical and health services from the state and society. The State protects and realizes citizens’ right to basic medical and health services. And Article 6 “governments at all levels should place people’s health in the strategic position of giving priority to development, integrate health concepts into various policies, promote nationwide fitness, and incorporate the improvement of citizens’ major health indicators into the government’s target responsibility assessment. The whole society should jointly care about and support the development of medical and health care and health undertakings. These contents obviously originate from the relevant provisions of the Constitution. Meanwhile, for the first time, the positive human rights attribute of “citizens’ right to health” and the responsibilities of the State and governments at all levels to realize it are clearly defined at the legal level of the Constitution. This is the difference from the human rights protection rules in civil laws.

3 保障机制与措施

3 Safeguard Mechanism and Measures

3.1 投入机制

3.1 Input mechanism