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Health law refers to a legal discipline that studies health legal norms and their development laws, and the objects of adjustment of health law are health administrative organs, various health service organizations, and health-related product producersInternational Health Organization
Health law is the essence of health law, and it is an emerging and developing interdisciplinary discipline.
This course is an important part of the medical education curriculum system and the focus of curriculum reform.
Through the teaching of health law, students can enhance their concept of the socialist legal system, understand the legal system related to medicine and health, clarify their rights and obligations in medical and health work, correctly perform their job duties, supervise and enforce the law, and engage in illegal acts.
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Formal features of the health law:
Formally, the health law is governed by the Constitution.
Laws, administrative regulations and many other legal documents are constituted, which is the sum of health laws and norms.
This characteristic of health law is determined by its own peculiarities. In the field of health, the scope and content of the need for adjustment of the health law are very broad and complex; Health, especially medical and health matters, are complicated and changeable, and health-related laws and regulations.
The large number of changes and frequent changes make it difficult for the Health Law to make uniform provisions on health issues and to formulate a unified health law at present.
In addition, many new diseases in society (such as SARS.
It will take some time to understand the disease itself, and it will be even more difficult to formulate laws and regulations with foresight. Therefore, health law, as a branch of administrative law, should belong to the Constitution, in the form of a number of individual laws, numerous administrative regulations, and local regulations.
and ** regulations and other relatively independent set of legal system.
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Health law is a general term for the legal norms that regulate the social relations that occur in the course of health activities. Our health law is made up of a series of legal norms that regulate health social relations. Among them, the main ones that are relevant to us are:
The Law on the Prevention and Treatment of Infectious Diseases, the Law on Medical Practitioners, the Regulations on the Work of School Health, the Regulations on the Administration of Sanitation in Public Places, the Regulations on Emergency Response to Public Health Emergencies, the Regulations for the Implementation of the Drug Administration Law, the Regulations on the Administration of Medical Institutions, and the Regulations on the Handling of Medical Accidents, etc.
We usually read newspapers and television, and often hear the news of various medical accidents and medical disputes, so we can know that the doctor-patient relationship is deteriorating day by day. As a prospective doctor, I will inevitably encounter some disputes in the future. At this time, familiarity with health laws can be of great help and help us avoid some legal troubles.
For example, when we encounter some emergencies, if we do not handle them properly, it may lead to major accidents, if you are not familiar with the health law, do not know the correct legal procedures, you may be at a loss, and if you are not careful, it may cause medical disputes and troubles; On the contrary, if you are familiar with the legal procedures and know how to avoid risks and reduce losses as much as possible, then you will be able to deal with all kinds of troubles and avoid risks better.
We still have a lot of legal procedures to go before we can become real doctors. Whether you are working in a hospital or running a private practice, we must follow certain procedures set out in laws and regulations. For example, the Medical Practitioner Law is a law that we must read before becoming a doctor, including the acquisition of physician qualifications, the physician practice registration system, the physician practice rules, the assessment and training of physicians, and legal responsibilities, etc., which are all required reading knowledge before practicing as a rookie doctor.
The Medical Malpractice Handling Regulations are our guide to dealing with medical malpractice and help us deal with various disputes.
At the same time, the health law, as a law, also plays a warning role. Like all laws, it stipulates various penalties for violating the law, restricts the behavior of all medical and health practitioners, and makes all kinds of professional behaviors more standardized. As medical students, we should be familiar with the health law and develop the habit of doing things according to the law.
It reminds us of our duties and obligations as a doctor, and it also regulates our authority to better fulfill our tasks as angels in white.
As the basic law in medical and health care, the Health Law is the guiding light, the protective umbrella of our medical career after our medical birthday, and also our long-term bell. This law is especially important for medical students who are about to become doctors.
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The legal relationships regulated by the Health Act are as follows:
In order to regulate the development of the country's health undertakings, the Health Law adjusts the legal norms for the relationship between the health administrative organs and their counterparts; The Health Law regulates a longitudinal health administrative relationship with command and obedience as the basic content and subordination as the basic characteristics. Health law has its own characteristics, both in form and content; It has its own unique functions and basic principles.
It has the general attributes of a law, and it has a specific object of adjustment, and has its own characteristics that distinguish it from other laws. China's health law is formulated in accordance with the principles of the Constitution, which mainly involves: the national health management system, the establishment of health institutions, qualifications, terms of reference, the rights and obligations of citizens, legal persons and other organizations in health activities, administrative responsibilities and administrative penalties, etc., which are the main basis for health supervision.
Legal basis: Article 41 of the Vaccine Administration Law of the People's Republic of China *** The competent health department formulates a national immunization plan; The types of jujube seedlings in the national immunization program shall be formulated by the competent health department in conjunction with the financial department, and shall be announced after approval.
The competent health department shall establish an expert advisory committee for the national immunization program, and establish a dynamic adjustment mechanism for the types of vaccines in the national immunization program in conjunction with the financial department. When implementing the national immunization program, the people** of provinces, autonomous regions and municipalities directly under the Central Government may, according to the needs of disease prevention and control in their respective administrative regions, increase the types of vaccines in the immunization program.
Article 42 The competent health department shall formulate and publish the norms for vaccination work, and strengthen the standardized management of vaccination. The competent health authorities shall formulate and publish the immunization procedures for the national immunization program vaccines and the guidelines for the use of non-immunization program vaccines.
The competent health departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate vaccination plans in light of the actual situation of their respective administrative regions, and report to the competent health departments for the record. Article 43 Disease prevention and control institutions at all levels shall, in accordance with their respective duties, carry out publicity, training, technical guidance, monitoring, evaluation, epidemiological investigation, emergency response and other work related to vaccination.
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The legal relationship regulated by the Health Law is related to public health, medical and health care, food safety, and environmental sanitation. It mainly involves the relationship of rights and obligations between the state, individuals and enterprises, as well as the legal relationship between the state, the regulatory agency and the supervised object.
The implementation of the Health Law aims to protect the people's right to health, standardize medical and health services, ensure food safety, and maintain environmental hygiene, so as to promote the healthy development of society.
The legal relationship regulated by the health law also includes the legal relationship between medical institutions and medical personnel and patients, as well as the legal relationship between pharmaceuticals, medical devices and other related industries.
In these legal relationships, the Health Law stipulates the rights and obligations of the parties, clarifies the responsibility and accountability mechanisms, and provides legal guarantees for the protection of the public's right to health.
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The main forms of civil liability. The forms of property liability in national laws mainly include the return of property, restitution, removal of obstructions, payment of liquidated damages, compensation for losses, etc.; They are mainly used for illegal acts that cause damage or loss to property to others. Therefore, the civil liability involved in the health law is mainly in the form of compensation for losses.
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The characteristics of the health law include the following: 1. It is closely linked to the natural sciences. 2. Absorb a large number of ethical and technical norms. 3. The content is extensive. 4. Reflect the common needs of the whole society.
The word hygiene first appeared in the Zhuangzi health preservation chapter, and the original text was to protect his life.
Later, the term hygiene appeared, which is often associated with health and health. Modern health refers to a series of life-cycle care such as prevention, health care, medical treatment, hospice care, etc.
Our country's Ministry of Health, now changed to the Health Commission, also reflects the pursuit of the value of hygiene.
The word health of the World Health Organization is expressed in the word "health", which is translated as "health and health" in Chinese.
In Japan, the Ministry of Health is called the Ministry of Health and Welfare, which also reflects a large concept of caring for life.
Laws in the field of health, using the concept of legislative law, are the names of normative documents formulated by the National People's Congress or the Standing Committee of the National People's Congress, and are further divided into basic laws and general laws.
Health administrative regulations refer to the normative documents in the field of health formulated by the first country, and its legal name is administrative regulations. In the legal hierarchy of the legislative law, it is lower than the law.
The Basic Hygiene and Health Promotion Act is the parent law and basic law of the entire system of health laws and regulations. It is equivalent to a mini-constitution in the field of health care, and has built a framework system for legislation in the field of health and health.
Under the system of health laws and regulations, there are also a series of departmental rules, and local regulations also regulate social life in the field of health.
Departmental rules refer to the normative documents formulated by the Ministry of Health or the Health Commission.
Local regulations refer to normative documents formulated by local people's congresses with legislative authority as legislative organs.
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Explain the concepts and characteristics of health law. Leather carrying.
Correct Answer: The characteristics of health law include:
1) Epochality: The envy of the epoch of health law is reflected in the fact that it must keep pace with the times.
2) Marginality: Health law has the characteristics of mutual support and interpenetration between law, medicine, and hygiene.
3) Sociality: Health law has the characteristics of a wide range of social applications.
4) Technical: A considerable part of the health legal norms of the research object of health law are composed of technical specifications and health standards.
5) Comprehensiveness: Health law has the characteristics of multidisciplinary integration.
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