论医疗储备的法律规制

On the legal regulation of medical reserve

当前世界范围内,突发性公共卫生安全事件暴发频率越来越高。为保证我国公民生命权、健康权在此类事件下得到应有的救济,应该对我国医疗储备进行法律规制,完善我国医疗储备体系。在考察我国医疗储备法律规制的现状,根据我国国情分析得出我国医疗储备法律规制的首要任务是针对性立法,使医疗储备管理有法可依,实现充分利用储备资源目标。规制内容层面,可着眼于创新丰富医疗储备主体,将大型医院、医疗人才纳入医疗储备法律规制范围,完善储备形式,建立医疗储备管理协调机制等,推陈出新、革故鼎新。保证我国医疗储备体系在法律科学规制范围下,本着以保障人民生命健康权为目标,积极运用法律手段改革完善医疗储备制度。

At present, the frequency of sudden public health security incidents is increasing worldwide. In order to ensure that the rights of life and health of our citizens receive due relief under such incidents, the medical reserve of our country should be regulated by law and the medical reserve system should be improved. Based on the analysis of our country’s national conditions, the primary task of medical reserve legal regulation is to make targeted legislation, so that the medical reserve management can be followed, and the goal of making full use of reserve resources is realized. At the level of regulatory content, it can focus on innovating and enriching the main body of medical reserve, including large-scale hospitals and medical talents into the legal regulation of medical reserve, improving the form of reserve, establishing a medical reserve management coordination mechanism, etc., innovating. To ensure medical reserve system is within the scope of legal and scientific regulations, with the goal of protecting the people’s right to life and health, legal means should be actively used to reform and improve the medical reserve system.