公共卫生权利保障制度的回顾与展望

The Rationale and Prospect of Public Health Rights in New China

公共卫生权利作为一项基础性法律权利,其生成机理遵循着法律权利生成的基本规律:制度化生成和事实化生成。新中国成立以来,公共卫生治理开启了新征程。不断完善的立法、不断积累的法律实践和应对经验,成为公共卫生权利生成的基础要素。回顾公共卫生权利的制度化生成和事实化生成的历程,结合近年来国内外公共卫生治理实践,可以发现:权利协同保障理念不仅是解决全球公共卫生危机的良药,更是我国公共卫生权利保障的最佳路径。展望未来,公共卫生权利保障离不开政府、企业、社会组织、公民个人等利益相关者之间的协同治理,建构我国公共卫生体系亟须建立起政府主导下的多元主体协同保障机制。

Healthy China is an important strategy for the development of health care in China,and the public health rights guarantee is an important part of building a healthy China.Public health right is a fundamental legal right.Public health rights,like other legal rights,follow the principles of institutionalized generation and factual generation.Since the founding of PRC,the development of public health governance has made great progress.In the development process of public health governance,continuous improvement of legislation,continuous accumulation of legal practice,and experience in solving public health issues have become necessary elements for the emergence of public health rights.By examining the process of institutionalized generation of public health rights and the process of factual generation,we can find that the institutionalized generation of public health rights is the protection of rights formed with the continuous improvement of public health legislation and the continuous bureaucracy of institutional protection.It is an independent right protection that is different from the health right.The actual generation of public health rights is a fixed model of public health security,which is gradually formed at the practical level with the continuous optimization and improvement of the governance concept,structure,and mode of public health rights protection.We can deeply understand the connotation of public health rights and the current situation of public health rights protection.We can also summarize the practical problems that urgently need to be solved in future rights protection so as to provide experience for the rights protection in future works.Combined with the practice of public health governance at home and abroad in recent years,we conclude that the concept of coordinated rights protection is not only a way out of the global public crisis,but also the best way for the development of public health rights protection in China.At present,the development trend of public health governance in China is multi-center cooperation to protect public health rights.The existing research paradigm of public health rights protection must be further promoted to the perspective of cooperative protection.Looking ahead,public health rights protection in future is going to be inseparable from collaborative governance among the government,enterprises,social organizations,individual citizens,and other stakeholders.We should establish a multi-subject collaborative guarantee mechanism under the leadership of the government as soon as possible.In the study of public health rights protection,we must take theory as the basis and practice as the criterion,earnestly implement the concept of human health community and public health rule of law governance,protect citizens’public health rights,and contribute to building healthy China.