健康法治作为“健康中国”战略进程中的基础保障和重要环节,其实施路径贯穿于立法、行政与司法的各个环节。本报告将在总结和检视我国2020年所取得的健康法治成果的基础上,对健康法治的未来发展进行合理预测和建言献策。在立法成果上,我国公民健康权获得了《民法典》与《基本医疗卫生与健康促进法》于一般民事权利规范和专门社会权利规范方面的充分保障;在行政治理上,政府继续深化医药卫生体制和医疗保障制度的改革,同时加强了重点健康领域的行政执法工作;而在司法实践上,我国健康领域的司法政策规范与制度建设也得以进一步完善,健康领域的司法纠纷热点获得重点关注和解决。随着未来“健康中国”行动的深入开展,期待我国在推进健康法律体系建设、强化食品药品疫苗监管工作、完善健康领域司法服务、加强生产安全事故法律治理以及优化公共卫生与医疗服务法律保障等方面进一步巩固、完善和落实。
<<As a basic guarantee and an important link in the strategic process of “Healthy China”,the rule of law in health field runs through every link of legislation,administration and justice. This report will try to make reasonable predictions and suggestions on the future development trend of the rule of law in health field based on summarizing and reviewing the results of the rule of law in health field in China in 2020. In terms of legislative governance,the right to health of Chinese citizens has been fully guaranteed by the Civil Code in the general civil rights norms and the Basic Medical and Health Promotion Law in the special social rights norms;in terms of administrative governance,the government continued to deepen the reform of the medical security system,and at the same time strengthened the administrative law enforcement in key health areas;and in judicial practice,the judicial policy and system construction in the health field in China has also been further improved,for instance,hotspots of judicial disputes in the health field have been focused on and resolved. With the in-depth development of the “Healthy China” action in the future,we look forward to further consolidating,improving and implementing on the construction of health legal system,strengthening food and drug vaccine supervision,improving judicial services in the health field,strengthening legal management of production safety accidents,optimizing the legal governance of public health accidents and medical services.
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