| This research based on the limitation to the rights and characteristics of human healthy power, traced from legislation background, international legislation, region legislation, domestic legislation, especially the announcement of healthy right in the constitution believed that healthy power as the important human right in the international human rights law and the region human rights law has been stipulated in many national constitutions as citizen's basic right. Proposed that the healthy power includes the healthy environment life power, the labor protection power, the equal medical power, the guard power, the health correlation product security right of use, the euthanasia option, special crowd's healthy power ( woman, child, disabled person, patient) and health violation secondary right, which rights has been carried on the elaboration. Proposed three main ways to implement the domestic healthy power based on international human rights realization mechanism, namely the formulation of legislation or the national policy, the establishment of effective medical care system and ongoing of the effective health education. The appraisal to realization degree of healthy power is always a difficult problem, so this research proposed that which can be described by obtain, fairness, availability in the human rights law. In this research, "Primary health care" is a strategic goal by the World Health Organization. We use one of its targets—healthy power realized target— to weigh the realized degree of healthy power, makes every effort to reflect the realized degree of every country's healthy power, The last part is the evaluation of Chinese healthy power realization, we think the legislation of Chinese healthy power has formed an system, but still needs to complete by the concept of modern human rights and ruling by law. Moreover, we offer a viewpoint that the healthy power should "enter the constitution ". China government has obtained a series of results with 2% of whole world hygienic resources for 22% of whole citizen's healthy power, but also exist some questions, such as low fairness, the government invests relative reduced, the construction of public health system is very poor and so on. |
