Study On Protection Of Health Rightin Health Law

Health is the basic human rights and can get legal acknowledgement, protectionand relief. Civil, criminal and other legal protection is passive protection, namelyafterward relief, and can’t realize the right to health protection. While, the protectionof the health law is actively protection, that is, prior relief, and can truly realize theright to health protection.In recent years, a lot of public health incidents that damage people’s right tohealth, have occurred. Based on this, this study is on the basis of research at homeand abroad for reference, and research the right to health from the perspective ofhealth law protection. Its purpose is to elaborate the necessity and feasibility of thedevelopment of Basic Law of Health, and specify the right to health; put forward ourown proposals and countermeasures combining China’s national conditions, toprovide a basis for establishing a sound and unified health legal system.We adopted a normative analysis, case analysis, documentary research andhistorical research to explore health law to protect the right to health.The main contents of this paper are as follows. Firstly, introduce the basic theoryand nature of the right to health, the meaning of the Health Act to protect the right tohealth, as well as the different classifications of the right to health; Secondly,introduce the status of health legislation of the right to health and the existingproblems and made our views; Thirdly, analyse the protection of the right to healthfrom the point of health protection; Fourthly, when the health of the citizens’ rightshave been infringed, the existing judicial remedies are the relief after the right tohealth damaged, the relief before the right to health damaged and public interestlitigation of the right to health.The conclusions of this study includes:(1) China has yet to develop health BasicLaw or has not clearly stated the right to health in other relevant laws and regulations either;(2) the Health Act to protect the right to health is empowered safeguards andpreventive protection;(3) the public interest litigation system of the right to health is anew relief method.