Constitutional Rights Perspective Citizens The Basic Right To Health Insurance And Government Responsibility

"Social Insurance Law expressly granted citizens’ right to social insurance, the right to basic medical insurance is the most important types of social insurance rights, its national health and economic and social development has an important role. However, our previous implementation of public health services and the labor protection Medicare system, as well as some scholars believe that the basic medical insurance is a national welfare system, erroneous understanding will inevitably lead to bias in practice. In my opinion, should be based on China’s Constitution and the social insurance law, from the perspective of the constitutional rights of a correct understanding of the nature and content of the basic right to medical insurance. To this end, I use the Law of expertise, through historical analysis, empirical analysis, comparative analysis and value analysis, research methods, demonstrate the right to basic medical insurance by the constitutional rights of private rights development is a public authority under the protection of private rights, and clearly defined government protect citizens’ basic medical insurance for the realization of the right’s responsibility, in order to improve the basic medical insurance system in China.This article is divided into four main parts.Part I:basic medical insurance for the right concept and nature Namely the right to basic medical insurance for citizens to enjoy the right to basic medical insurance, a mandatory requirement, through national legislation by the State, units (employers) and individuals pay premiums, raising the medical insurance fund, every citizen the right to enjoy the basic event of disease risk medical insurance services right to be treated. It mainly includes two aspects, sick citizens enjoy basic medical services and to reimbursement of basic medical services. In addition, will the basic medical insurance and enterprise supplementary medical insurance, a distinction between commercial health insurance and social medical aid. Part II:"The basic medical insurance right from private rights to the constitutional rights of the evolutionary process. First generation of its evolution in the social insurance look at the essence of the right of the basic medical insurance, human Huzhugongji confrontation survival risk of experiencing family protection, group protection, business insurance, social security in four phases, obtained the right to basic medical insurance is the essence of a Huzhugongji-governmental organizations, citizens, it is in the society aims at treating the practice on the basis of solidarity thought, the absorption of the law of large numbers of commercial insurance formation. Secondly, the right to basic medical insurance in the nature of the different stages of development obtained by the constitutional rights of private rights development is a public authority under the protection of private rights.Part III:"the responsibility of Government to protect citizens’ fundamental right to medical insurance. The right to basic medical insurance is a statutory right of citizens of modern society, to protect citizens’ basic medical insurance benefits to achieve the government’s responsibility. Government responsibility is mainly reflected in four areas:to build and standardize the basic medical insurance system, the funding responsibility of the subsidies and guarantees, supervision and management responsibilities, medical resource optimization responsibility.Part IV:"the status of the right of our government to protect citizens’ basic medical insurance and Suggestions for Improvement". This section focuses on the existing system of basic medical insurance system, protect citizens’ basic right to health insurance status quo and problems, and the corresponding perfect proposal.