依法治国视域下防治暴力伤医的法律途径

Legal Ways to Combat Medical Violent Injury Under Rule by Law

依法治国的核心是依宪治国,国家尊重和保障人权,暴力伤医是对宪法所保护的公民权利和法益的侵害。暴力伤医直接侵犯的是医务人员生命健康权、人格尊严权和财产安全权,严重破坏了医疗机构正常的医疗秩序,间接侵犯其他病患的就医权。由于相关立法滞后、医疗风险保险机制缺失等因素导致暴力伤医案件逐年增多,给和谐医患关系造成严重破坏。从立法角度提出建议,依法处理暴力伤医,是保障医患双方权益的有效途径。

The rule by law is the core of governing the county by constitution. China respects and safeguards human rights. Medical violent injury is the hurt of civic right and legal interest according to the constitution. Violence is a direct violation of medical staff of life and health,the right to human dignity and the right to property,serious damage to the normal medical order medical institutions and indirect infringement of the right of other medical patients. Because of the lag-related legislation, lack of medical risk insurance mechanisms and other factors leading to violent injury medical cases increase year by year cause the serious damage of the harmonious doctor-patient relationship. From a legislative perspective,dealing with medical violent injury by law is an effective way to protect the rights of both doctors and patients.