摘要
Conceptually,health is subjective,procedural and socially reliant.This three-fold nature determines the connotations of the right to health as well as the constraints thereof.The right to health encompasses both the right to freedom and social rights.The right to freedom in the context of health means that the state should respect the health status and choices of its citizens and trust that the people are able to optimize their health through their own efforts,whereas the right to basic healthcare services is an important component of the right to health from the perspective of social rights.The review system stipulated in administrative normative documents increases,to a certain degree,the possibility that citizens can realize their right to health.The right to health is constrained in three aspects:"precondition of the possible",concurrent requirements imposed by society and conflicts among basic rights.When there is financial restraint on what the state can afford,the right to health is constrained by limits to healthcare institutions and the provision of healthcare services.over-emphasis of individual responsibility on the part of the insured can possibly transform the right to health into an obligation to be healthy.
Conceptually, health is subjective, procedural and socially reliant.This three-fold nature determines the connotations of the right to health as well as the constraints thereof.The right to health encompasses both the right to freedom and social rights.The right to freedom in the context of health means that the state should respect the health status and choices of its citizens and trust that the people are able to optimize their health through their own efforts, whereas the right to basic healthcare services is an important component of the right to health from the perspective of social rights.The review system stipulated in administrative normative documents increases, to a certain degree, the possibility that citizens can realize their right to health.The right to health is constrained in three aspects: "precondition of the possible", concurrent requirements imposed by society and conflicts among basic rights.When there is financial restraint on what the state can afford, the right to health is constrained by limits to healthcare institutions and the provision of healthcare services.over-emphasis of individual responsibility on the part of the insured can possibly transform the right to health into an obligation to be healthy .
基金
supported by the Ministry of Justice’s National Research project on the Theory of Law and the Rule of Law(Serial No.:17SFB306)
China University of Political Science and Law’s Annual Research and Innovation Project on the Legal Attributes and Rights to Relief Contained in Road Traffic Signals(Serial No.:19ZFQ82007).
