健康权法律属性研究

Research on Legal Attributes of the Right to Health

健康权的法律属性不同于除生命权以外的其他传统权利;生命权与健康权实属一体,但后者内容远比前者抽象和复杂,仅参照传统生命权制度从法学理论技术层面很难对健康权进行体系设计。本文从法学权利基础理论研究的视角来分析健康权的法律属性及特征,探讨了健康权的基本概念内涵。

The legal attributes of the right to health are different from other traditional rights except the right to life. Although the right to life and the right to health are indeed one, the content of the latter is far more abstract and complex than the former. From the perspective of legal theory and technology, it is difficult to refer to traditional life system design of the right to health. From the perspective of the basic theoretical research of legal rights, this paper analyzes the legal attributes and characteristics of the right to health, and explores its basic concept connotation.