论我国医事法治的目标及路径

On the Goal and Path of China's Rule of Medical Law

医事法治关乎公民的人身健康权益与社会稳定,是我国构建现代法治体系与全面推进法治社会建设中不可或缺的基础性领域。医事法治的根本目标是通过对医事活动与医事关系的法律深规制,为我国公民生命健康权益的实现与保护提供有效的保障。医事法治是一项包括医事法治理念、医事立法、医事法实施、医事纠纷解决机制等要素在内的动态系统工程。科学构建并完善我国医事法律体系是其基础,其中公民健康权"入宪"、制定系统的《医事法》及对现行医事法进行修整为其主要内容。医事法的公平、公正及有效实施是其"生命线"。医事纠纷解决机制的科学构建则是推进医事法治的有力保障。

Rule of medical law is closely related to people ＇s health and rights and social stability,it is an indispensable basic field in the construction of the modern rule of law system and the comprehensive promotion of the construction of the society in the rule of law. The fundamental goal of the rule of medical law is to provide effective protection for the life and health rights and interests in our country through the legal regulation of the medical relationship and medical activities. Rule of Medical law is a dynamic system engineering including the concept of rule of medical law,medical legislation,implementation of medical law and medical dispute settlement mechanism elements. The scientific construction and perfection of the legal system is the basis of the rule of medical law in China,citizen health rights into constitution,to develop the law and modify the existing medical laws is its main content. A fair,impartial and effective implementation of medical law is its Lifeline. The scientific construction of medical dispute settlement mechanism is a strong guarantee to promote the rule of medical law.