Health Law Promotion To Health Equity Based On Capability Approach

Research Purposes:Compared with other health equity theories,the theory of Health capability approach(HCA)has obvious advantages,such as paying attention to the diversity of people,respecting people,providing multiple ways to realize people's health,purposing on health itself,paying both equal attention on the process and results.On the basis of elaborating the relevant theories of HCA,this paper combined with the current situation of China's scientific research of health laws and policies,clarified the practical application obstacles,and put forward specific application suggestions,in order to enrich health equity theory of China.Data Source:The data of this paper was divided into two parts: one part was the data source of qualitative research,mainly focusing on the collection and collation of literature data,official databases such as the World Health Organization(WHO),the World Organization for Economic Cooperation and Development(OECD),and the China Health Yearbook.The foreign databases are mainly concentrated on the official library database of the Wake Forest University,with nearly 105 database links;another part was the data source for quantitative studies,mainly from the CNKI,CSSCI database and Wanfang knowledge platform literature databases.Methodology:1.Bibliographi analysis.The main research methods of this thesis.It is the basis of inspiration,analysis,judgment and conclusion to collect relevant literature on health equity from CNKI,Wanfang and foreign databases.2.Comparative analysis.Scientific analysis,comprehensive induction,objective analysis and judgment of the advantages and disadvantages of various health and equity theory,the realization could be from perceptual knowledge into the rational knowledge,so as to ensure the scientific nature of this research.3.Case analysis method.Use case studies to make the paper more compelling.An indepth analysis and comparative study of the ways,methods and difficulties encountered by countries in applying capability approach to solve practical problems,and to understand their perspectives on health equity and their implications to China,and then to extract the scientific advices of promoting health equity in accordance with China's national conditions.4.SWOT analysis.Based on internal and external competition environment under the condition of situational analysis,this method is closely related to the object of study of various main internal strengths,weaknesses and external opportunities and threats,and so on.Through the investigation list and the matrix form,and then it makes the conclusion based on analyzation of the various factors of the system.This paper used this method to analyze in detail the strengths,weaknesses,opportunities,and threats of HCA if it is applied to promote health equity in China.5.Citation analysis.Generally speaking,the reference of a paper is the representative literature of the author,so,through the citation analysis of a paper in a certain field,we can get the basic characteristics of the information obtained by the research in that field.In this paper,we measured the citation data of health Law in China for 37 years,such as citation quantity,co-citation reference analysis and co-citation author analysis,etc.,to make a view to China's health law citation behavior.6.Social Network Analysis.The method of social network analysis takes the mode of human interaction as the research object,and its structure can reveal the law of information transmission.Based on this theory,this paper analyzed the network of co-citation of literature and co-citation of authors in Chinese Health Law form 1978 to 2014.Co-citation analysis is a bibliometrics method proposed in the 1970 s,which is based on the assumption that when two nodes(author,Journal,discipline,etc.)are cited by a third node(author,Journal,discipline,etc.),then there is a co-citation relationship between the two nodes(author,Journal,discipline,etc.).Research results:1.The utilitarianism emphasized the efficient allocation of resources,but neglects equity in quality of life and health;the Egalitarianism emphasized equality of opportunity but does not address implementation;Liberalism had a deep rooted problem of market failure,and these three doctrines focused on the distribution of health resources rather than on health itself.2.The HCA theory is directly derived from the Amartya Sen's capability approach theory and the Aristotle's philosophy of human flourishing,which is universally recognized as the basic capability of human beings.The theory of HCA aims at realizing the HCA and function of human beings,respecting the freedom and diversity of human beings,and satisfying the health needs of different human beings through health agency and health conversion factors.It provides different theoretical perspectives and research paths for the research of Health Equity.3.HCA has unique theoretical advantages and practical significance over other doctrines,including: human freedom and diversity of health needs are respected;HCA or health function is the core indicator for assessment;allocation of health resources is a means and health is the ultimate goal,at the same time,the social efficiency is taken into account;the results and procedures of the allocation of health resources are equally important;the development and construction of health agency and health conversion factors are emphasized,and provides an effective way for the realization of health goals;the individual health choice is paid attention and he/she should be responsible for it;evaluation based on a way of shortfall equality,which not only facilitates the comparison,but also helps to guarantee the social efficiency.4.The theory of HCA has been generally accepted by the academic circles and has been applied in the practice of various countries,such as the Human Development Index,the related health assessment questionnaire,the German poverty and wealth report,and the emergency public health policy of the United States.However,we are still at the initial stage both in theory and in practice of HCA in our country.5.The application of HCA in China should be based on China's national concrete conditions and policy guidance,which is consistent with China's "People-centered development thought" which fully respects the people's subjective status and basic interests,and promotes the development of health and equity.Not only this,but the HCA is consistent with the current concept of "integrating health into all policies" in our country,which provides good policy soil for strengthening the construction and development of health agency,and helps to enrich the HCA theory,and provides an important policy basis and opportunity for the practical application of HCA in China.6.The HCA has theoretical advantages to the health law basis----the right to health,such as the allocation of health resources is a means,not an end;freedom is the basic logical starting point of the HCA;human diversity is respected as the basic premise of HCA,the application of HCA can avoid the inaccurate subjective judgment,and procedural justice is the inherent requirement of HCA.7.The research of China's health law was still in its start stage through the bibliometric analysis of the literature on the study of China's health law,the problems were including few co-authors,few representative authors and few representative monographs,and the disciplinary structure was inconsistent with the reality.At the same time,health legal system is loose in China.Although in recent years,due to the attention of the government,the health legal system has made great progress,especially in 2020 the implementation of “the Basic Medical and Health Care and Health Promotion Act of People's Republic of China”,but it cannot fundamentally solve the problem of fragmentation of health legal system in China.They are the practical obstacles to the application of HCA in China,8.Although the HCA has its theoretical advantages and is in line with the current health policy in China,there are still many practical challenges in its practical application.These challenges include: the challenges to the understanding of HCA;the challenges to the methodology of HCA;the challenges to the health law education based on HCA;The challenge to the basic medical care concept based on HCA,the challenge to the fair and democratic procedure and the challenge to the operation of health law in reality and so on.Conclusions:1.The theory of capability approach has been feasible in practice abroad,and China needs to practice it actively;2.Capability approach has been studied in China,but it is a long way to promote health equity through HCA;3.China's health legal system has made great progress,but the health legal system needs to be further improved;4.The research of health law in China has started,but there is great room for progress;5.The discipline structure of health law has been established,but the optimization challenges are great.Research advices:1.Realization of the HCA as the philosophical basis of the right to health;2.Constitutionalization of the right to health;3.Important health capability should be the focus of health-related law and policy;4.Guaranteeing the financial budget in the field of health by the means of law and policy;5.Establishing a new evaluation system for the discipline of health law;6.Attaching importance to the education of health law and policy and the cultivation of medical students and promoting humanistic qualities;7.Regulating health education and health publicity and to establish a correct concept of health;8.Mitigating the discrimination against vulnerable groups based on repecting human diversity from the point of view of capability approach and so on.Research Innovation:Innovation from the research theory.Based on the in-depth study of HCA,and combined with the current situation of China's health law policy system and health law related scientific research,this paper deeply analyzed the feasibility and challenges of the HCA practical application in China,thus expanding the application scope of the theory and further enriching the theory.Innovations in research methods.This paper was beyond the previous research method in the field of law,which is dominated by subjective speculative qualitative analysis,and applied the bibliometric method to the big data analysis of the literature of health law.For the first time,the scientific research literature of Health Law was analyzed with big data,and the hidden information behind the data was mined,so as to present the development status and existing problems of the discipline in a more intuitive,objective and effective way,to provide the reference and guidance for the discipline of health law,the scientific research management and the scientific and technological policy making.Research gaps and prospects:The capability approach and HCA are two macroscopic philosophy research paradigms,this research was still insufficient to reflect its overall picture,and still have many unsolved problems on the application in reality and need further in-depth research in the future;Although bibliometrics is a mature and widely used scientific evaluation method,it is not perfect in itself,besides,due to the the limitation of the data and the database itself,it was still insufficient to guarantee its complete accuracy.In the future,we hope to analyze and evaluate this field more objectively and accurately through more diverse methods and data mining techniques.