Research On The Protection Of The Right To Health Under The Background Of Civil Code

The right to health is an important right enjoyed by citizens and plays an important role in citizens’ participation in social labor and enjoying a better life.In recent years,the protection of the right to health has received extensive attention.Against this background,my country has promulgated the Civil Code of the People’s Republic of China（hereinafter referred to as the Civil Code）,which confirms in the form of legislation that natural persons have the right to The right to safeguard the physical and mental health of the body places the right to health in an important position of priority protection,and stipulates that when a natural person’s right to health is infringed or is in danger,organizations or individuals with legal obligations to rescue should promptly rescue them,and regulates the relevant procedures for human medical trials involving the health of citizens.Although the "Civil Code" has detailed the protection of the right to health through several articles,there are still some problems in the application of the law.For example,the subject of the statutory relief obligation is unclear,the standard for mental compensation damage to the right to health is too rigid,the compensation for personal injury to the right to health lacks relief for mental health,and the mechanism for resolving conflicts between the right to health and related rights has not been clarified.Therefore,it is necessary to deepen the research on the protection of the right to health on the basis of sorting out legal provisions and related theories.This thesis firstly introduces the basic theory of the right to health,and specifically expounds the concept of health and the right to health,the characteristics and content of the right to health,and the difference between the right to health and other rights.Secondly,it investigates the international human rights conventions and the status quo of the protection of the right to health in extraterritorial countries,focusing on the analysis of the compensation system for damage to the right to health in extraterritorial countries,seeking enlightenment for the protection of the right to health in my country,and proposing the problems existing in the protection of the right to health in my country,and how to deal with the violation of the right to health.The two types of property damage and non-property damage and liability composition are discussed.Finally,according to the problems existing in the protection of the right to health in our country,the corresponding improvement suggestions are put forward,namely,clarifying the scope of the subject of statutory assistance obligations to better safeguard the health interests of the right holder,improving the compensation standards for personal injury to the right to health,and optimizing the scope of compensation for mental damage.Identify standards,clarify the hierarchical relationship between the right to health and other rights,and build a conflict resolution mechanism to ensure that the right to health is guaranteed to the greatest extent.