| With the in-depth implementation of the Healthy China strategy since the19 th CPC National Congress,citizens’ right to health has become the core of citizens’ growing health needs,and respecting and protecting citizens’ right to health has been gradually put on the national agenda.Since the outbreak of COVID-19,there has been increasing attention paid to the development of citizens’ right to health as a basic human right guaranteed by the state.As one of the basic rights recognized internationally,citizens’ right to health is not only a simple acceptance of the state of nature,but also the responsibility and obligation of citizens,society and the state for the realization of the right to health.Especially in the case of public health emergencies,the government should clarify the basic right attributes of citizens’ right to health,and on this premise,deeply explore the theoretical issues related to citizens’ right to health and the state’s responsibility to guarantee.Specifically,it mainly focuses on the following five parts:The first part mainly defines the connotation and value of citizens’ right to health and clarifies the basic right attributes of citizens’ right to health.On the one hand,it defines the basic connotation of citizens’ right to health,mainly by explaining the basic characteristics of citizens’ right to health and the comparison of citizens’ right to health with other relevant rights.,on the other hand,the value of citizens the right to health,from the citizens the right to health is one of the most important basic human rights in our country,safeguard citizens the right to health is inevitable for the health of the development of the rule of law in China,citizens the right to health is the foundation of healthy Chinese strategic target three angles,expounds the realization of citizens the right to health theory and realistic basis.The second part mainly analyzes the relevant theories and institutional manifestations of the state guarantee responsibility of citizens’ right to health.It clarifies the basic concept and legal basis of the right to health state guarantee responsibility of citizens,emphasizes the subject position of the state in the process of guaranteeing citizens’ right to health,and further expounds the basic concept of the right to health state guarantee responsibility of citizens under public health emergencies in light of the epidemic background.The institutional expression of the state guarantee responsibility of the right to health of citizens is expounded from three perspectives: the political discourse of the right to health of citizens,the constitutional expression of the right to health of citizens,and the public interest.The content of the right to health political discourse mainly focuses on the three stages of the continuous development of the right to health as a national strategy.In combination with the 17 th,18th and 19 th National Congresses of the CPC,the right to health and the state’s responsibility to guarantee are elaborated respectively,and different requirements are put forward based on the characteristics of The Times and basic national conditions.The constitutional expression of the right to health mainly focuses on the analysis and discussion of the articles in China’s Constitution that can be used as the basis of citizens’ right to health.The third part,from the perspective of public health emergencies,makes an empirical analysis of the state guarantee system of citizens’ right to health.To be specific,this paper analyzes the state guarantee responsibility corresponding to citizens’ right to health systematically from four aspects: negative protection obligation,active action obligation,public welfare prevention obligation and damage compensation obligation of public welfare prevention,and emphasizes that the state should assume the main responsibility of guaranteeing citizens’ right to health.First,the negative obligation to protect the right to health mainly refers to the state respecting the realization of the right to health and undertaking the obligation not to infringe upon the right to health,which reflects the defensive function of the right to health.Secondly,the right to health should be upgraded from a negative protection obligation to an active duty of the state,which as a higher level of protection obligation requires the state not only to respect the realization of citizens’ right to health,but also to take active measures to ensure the realization of citizens’ right to health when there are difficulties in realizing citizens’ right to health.This paper mainly analyzes from four aspects: the completeness of the emergency legal system of public health emergencies,the administrative emergency measures in public health emergencies,the obligation of screening and treatment of highly pathogenic infectious diseases,and the administrative guidance of daily medical protection of infectious diseases.Thirdly,the obligation of public welfare prevention in view of the right to health mainly involves the state’s obligation of immunization against highly pathogenic infectious diseases and the compulsory licensing obligation of drugs for highly pathogenic infectious diseases,and relies on the state to organize and carry out compulsory immunization,ultimately achieving the purpose of maintaining the good state of citizens’ right to health.Finally,the public welfare to prevent the damage compensation obligation,mainly aimed at national issues discussed,the compensation for the damage caused by the immunization by excavating the jurisprudence foundation and basis of executive compensation system,combining with the special sacrifice,equal public burden theory,basis of compensation for damage caused by the immunization,compensation standards and other issues in-depth study and system conception.The fourth part mainly discusses the realistic dilemma of the state’s responsibility to guarantee citizens’ right to health under public health emergencies.Through the empirical research on the state’s responsibility to guarantee citizens’ right to health,the author puts forward three problems:incomplete legislation on citizens’ right to health,imperfect supervision system of administrative organs in public health emergencies,and ineffective compensation for immunization.The fifth part discusses the way to perfect the state guarantee responsibility of citizens’ right to health.Content mainly aimed at the fourth part put forward three questions,constructed the corresponding perfect path respectively,mainly how to construct the citizens the right to health law guarantee system,perfecting the mechanism of administrative accountability in public health emergencies,strengthen law enforcement,the damage caused by the immunization the improvement of the national compensation liability system three aspects.Among them,the construction of the legal protection system of citizens’ right to health focuses on the interpretation of the logical path of the right to health into the Constitution,and the improvement of the administrative organs’ accountability mechanism in public health events mainly aims at the problem of the accountability of the administrative organs’ inaction in public health emergencies causing serious consequences to public health.The damage caused by the immunization improvement of the system of state compensation liability mainly emphasized the inevitable when it comes to vaccines cause damage danger,this kind of damage should apply no-fault compensation mode to solve,in clear and improve the amount of national compensation standards,expanding the scope of the compensation,compensation procedures and strictly regulate national level improve vaccines cause damage compensation liability. |
