《传染病防治法》医疗救治法律制度之完善

The improvement of the legal system of medical treatment in the Law of the People's Republic of China on prevention and control of infectious diseases

现行《传染病防治法》中的医疗救治制度为防控传染病提供了基本法律保障。但此次新冠肺炎疫情的大规模扩散,也充分暴露出传染病医疗救治法律制度在设计及运行中存在的短板和不足:救治网络不健全、应对突发重大疫情能力不足、体系建设主体缺位、人力和物资储备供给机制不完善、医患权利和义务不清、医疗费用保障不明确。为此,需对《传染病防治法》中的医疗救治法律制度进行补充完善。作者从传染病救治网络建设、物资及经费保障、人力调配与保障、医患法律关系及权益保护等方面提出完善建议,以期为及时调整医疗救治制度提供参考。

The medical treatment system in the current Law of the People's Republic of China on the prevention and control of infectious diseases provides basic legal protection for the prevention and control of infectious diseases.However,the large-scale spread of the COVID-19 has also fully exposed the shortcomings and deficiencies in design and operation.The treatment network is not sound,the ability to respond to major outbreaks is insufficient,the main body of system construction is absent,the mechanism of manpower and material reserve and supply is not perfect,the rights and obligations of doctors and patients are unclear,and the protection of medical expenses is unclear.To this end,it is necessary to supplement and improve the medical treatment legal system of the Law of the People's Republic of China on the prevention and control of infectious diseases.This article proposes seven aspects including the construction of infectious disease treatment networks,material and funding guarantee,manpower deployment and guarantee,the legal relationship between doctors and patients,and protection of rights and interests.Improve the suggestions,hoping to provide a reference for timely adjustment of the medical treatment system.