| In 2016,the Central Committee of the Communist Party of China and The State Council released the Healthy China 2030 Plan.The plan emphasized the need for further improvements in health laws and regulations by 2030,as well as the essential modernization of governance systems and capacities.The national strategy of China was determined as Healthy China.Public health legislation is a crucial component of overall health legislation,and the COVID-19 outbreak has revealed numerous issues within public health legislation.To promote the realization of the "Healthy China"strategy,it is crucial to enact,reform,repeal,and interpret special legislation concerning public health in a timely manner while also improving the overall legislative system of public health services from a macro perspective.This will address the relevant problems.The meaning of "public health service legislation" should be examined in terms of its relationship with health legislation vertically and with medical service legislation horizontally.Vertically,health legislation involves developing,recognizing,modifying,supplementing,and repealing norms that safeguard citizens’ social entitlement to health.In general,China’s healthcare legislation comprises four sections:the law of health administration organization,the law of health management,the law of health administrative operations,and the law of health supervision and relief.From a horizontal perspective,the Medical and Health Promotion Law establishes a common definition for "basic medical and health services" by combining the categories of "basic public health services" and "basic medical services".Thus,the term "service" becomes a common factor that can be juxtaposed with "guarantee" and "supervision".The right to healthcare is divided into three aspects:the right to access health services,the right to health security,and the right to health supervision.Three corresponding normative systems have been formed for health service legislation,health security legislation,and health supervision legislation,respectively.Building on this foundation,health service legislation can be further subcategorised into two segments:public health service legislation and medical service legislation."Public health service legislation"encompasses the laws that regulate the roles,actions,procedures and liabilities of administrative entities operating in the field of public health service.Such legislation is established and implemented by the state,with the objective of safeguarding the public’s right to health." The scope comprises preventing and treating infectious diseases,managing public health crises,exercising public health and tobacco control,preventing and treating occupational diseases,and maintaining mental well-being.On the whole,the public healthcare system’s legislation in our country adopts a decentralized legislative framework as its main model,with its legislative content focused on certain areas of public healthcare.By methodically analyzing the implementation of public health service laws,administrative regulations,and major departmental rules at the national level,and by focusing on Shandong,Hubei,and Qinghai provinces as subjects of inquiry in local legislation,a comprehensive assessment of the ongoing state of public health service legislation at both the municipal and state levels in their respective administrative regions is derived.The public health service’s legislative system in our country faces the challenge of incomplete system infrastructure and inadequate system coordination.The systematization dilemma arises from several causes.Firstly,the current public health service legislation fails to fully reflect the ideals of social equity and distributive justice.Secondly,it does not fully account for the changing administrative(legal)concepts and the expanding national responsibilities.Finally,the legislation does not fully demonstrate the ideological implications and technical optimization of public health risk legislation.To address the issue of the incomplete and disorganised legislation system within the public health service,the first step is to establish internal theoretical coordinates.These coordinates consist of two components:a theoretical foundation and logical context.The theory of legal system provides a solid foundation for the legislation of public health services,rendering it an ideal basis for the systematic and improved organization of such legislation.In terms of the legal system’s relationship with the external environment,the functionalist legislation theory outlines three key elements for enhancing the systematization of public health service legislation.In terms of the legal system’s relationship with the external environment,the functionalist legislation theory outlines three key elements for enhancing the systematization of public health service legislation.From a logical standpoint,the protection of citizens’ right to health should serve as the foundation for the systematization of public health service legislation.From a logical standpoint,the protection of citizens’ right to health should serve as the foundation for the systematization of public health service legislation.The ultimate aim of the construction and refinement of this legislation is to safeguard this fundamental right in society.In order to achieve this objective,it is essential to promote development in both vertical and horizontal dimensions,with the former based on the legal hierarchy.From a logical standpoint,the protection of citizens’ right to health should serve as the foundation for the systematization of public health service legislation.The constitutional provisions on public health service form the basis of the legislative system,providing a constitutional legal foundation for the design and content of each part.Additionally,the Law on the Promotion of Basic Medical Care and Health,as a fundamental and general law under the Constitution,exists to protect the right to a healthy society and embodies the Constitution’s right to health provisions.Thirdly,to elucidate fundamental matters concerning legislation for public health services,to liaise between specialist legislation and to progress forward-thinking legislation in the domain of public health,the Public Health Act ought to be established.After constructing theoretical coordinates,it is essential to develop a legislative framework.The legislative system design must prioritise the transition from"defensive" to "preventive" legislation,with government leadership and science and technology ethics as the primary principles.Secondly,the legislative system comprises four essential components:the Health Promotion Act,Basic Public Health Services Act,Public Health Supervision and Management Act,and Public Health Crisis Response Act.Health promotion law aims to encourage individuals to adopt a healthy lifestyle,identify and control risk factors affecting health,and mitigate the harm caused by such risks.This legal framework is designed to raise the level of individual health and promote the attainment of good health.Consistent with this objective,relevant legislation establishes criteria and standards promulgated by legislative bodies and implemented by regulatory agencies.The development and implementation of comprehensive health promotion laws and regulations rely on the collaboration of healthcare professionals,policymakers,and communities to ensure the protection and improvement of public health.The Public Health Service Act defines the legal principles of health services provided to the public to prevent diseases and sustain human health.The act comprises four categories including:the standards for treating infectious diseases under normal circumstances,the standards for treating non-communicable diseases,the standards for conserving the health of special groups,and the standards for mental health services.Abbreviations must be explained upon their first usage and colloquial vocabulary and filler words should be avoided while retaining the formal register.The Public Health Service Supervision and Management Law establishes public health standards in areas closely tied to the daily production and life of the general public.The administrative body is responsible for supervising and managing the implementation of such standards,with emphasis on legal norms aimed at mitigating risks through both in-process monitoring and post-incident penalties.Specifically,the document is divided into two sections covering norms for supervising and managing public health and tobacco control,as well as norms for supervising and managing food,drugs,and health-related products.The main focus of the Public Health Crisis Response Law is to ensure effective responses to public health crises.To address the practical challenge of the legislative system governing public healthcare,two strategies must be implemented:achieving system completeness and system coordination.Regarding system completeness,the Public Health Law ought to be established as the fundamental law governing public health to tackle the issue of insufficient widespread,principled,and comprehensive legislation pertaining to safeguarding public health in China.In the realm of fundamental public health services and their supervision and management,the national legislative standards for the prevention and control of chronic diseases and for tobacco control have been established separately.Administrative regulations are being developed for the field of mental health,while departmental rules and local legislation in different public health domains are being amended to emphasise "disadvantaged" and "local" areas.The absence of coherence in all aspects of public health service legislation,such as health promotion,basic public health services,and public health crisis response,signifies a lack of coordination in system management.This is primarily demonstrated through disconnected ideas and insufficient system cohesion and coordination.To improve the coherence of the legislative system in health promotion,the first step would be to focus on national fitness.Additionally,the coherence of the system regarding basic public health services should be strengthened with a focus on protecting special groups.Lastly,coordination within the system in the context of public health crisis response should be strengthened,with a focus on prevention and treatment of infectious diseases.The pertinent provisions of the Act have been reviewed from the viewpoints of concept,system,and technology,with the aim of improving the cohesion and coordination of the legal system. |
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