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人人享有基本医疗是公民生命健康权利的自然延伸,为国际人权公约普遍规定。我国宪法规定了公民基本医疗权,人人享有基本医疗的思想得到广泛认可,当务之急是推进人人享有基本医疗从思想理论走向社会法治实践。我国人人享有基本医疗的法律保障应坚持治理及善治原则、法治原则、社会公平原则和后现代主义关注边缘、碎片化人群权利思想的有机统一。在制度构建和政策实践上,一是要整合现有医疗立法,明确人人享有基本医疗的原则;二是确立人人享有基本医疗的权利与义务主体,配置合理责任制度;三是注意且谨守司法的角色,在基本医疗上坚持司法与卫生行政的分际。
The basic medical treatment for all is a natural extension of the rights of citizens to life and health and is universally stipulated in international human rights conventions. China’s Constitution stipulates the basic medical rights of citizens and the idea of universal access to basic medical care is widely recognized. It is imperative to urge everyone to enjoy the basic medical treatment from ideological theory to social practice of law. The legal guarantee for all people in our country to enjoy basic medical treatment should insist on the organic unity of the principles of governance and good governance, the principle of the rule of law, the principle of social fairness and the post-modernism concern about the marginalized and the fragmented people. In terms of system construction and policy practice, the first is to integrate the existing medical legislation and clarify the principle that everyone should enjoy basic medical treatment; the second is to establish the main body of rights and obligations for all people to enjoy basic medical care and allocate a reasonable system of responsibility; the third is to pay attention to The role of the judiciary, in basic medical adhere to the judicial and health administrative division.