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Exploration And Discussion On The Legal System Of National Defense Medical Sciences

Posted on:2010-07-23Degree:DoctorType:Dissertation
Country:ChinaCandidate:B SuFull Text:PDF
GTID:1116360275962267Subject:Military Preventive Medicine
Abstract/Summary:PDF Full Text Request
Following the route of law research, this paper puts forward the necessity of establishing a legal system of national defense medical sciences, provides legal principles for national defense medical sciences, compares China with other developed countries in this respect and therefore analyzes disparities, and finds out the corresponding measures, tentatively constructs a theoretical framework for the legal system of national defense medical sciences, by means of systematic theory, bibliography review, expert consultation, similarity analysis, comprehensive induction and comparative analysis, etc.Objectives: With the legislation environment in China and its Army as the legal background, starting from the logic knot of the needs in modern national defense medical sciences, basing itself on relevant laws and regulations in China and its Army, drawing on the successful experience and practices in legislation by foreign countries (Armies) in national defense medical sciences, the study is designed to verify the legal system of national defense medical sciences from the perspective of relevant laws and regulations including the Constitution, National Defense Law, National Defense Mobilization Law and regulations on anti-terrorism and response to public health emergencies, to provide legal support and guarantee for the legal system of national defense medical sciences.Research Items:(1) The needs of legal system of national defense medical sciences. Study the logic needs of relevant laws including the Constitution, National Defense Law and National Defense Mobilization on the legal system of national defense medical sciences. Study the urgent needs of China's new national defense concept, national security concept and National Defense White Paper on the legal system of national defense medical sciences.(2) Study from the principle of law. According to the common practice in the study from the principle of law, set up the law foundation for the legal system of national defense medical sciences and study the principles and theories of the legal system of national defense medical sciences from the perspective of law.(3) Environment study. Analyze legalization environment in China and its Army to get a clear picture of the legal environment and background pertaining to legal system of national defense medical sciences.(4) Experience study. Draw on foreign legal systems of national defense medical sciences.(5) Foundation study. Study the health laws and regulations in China and its Army to set up the foundation for legal system of national defense medical sciences.(6) Comparison study. Analyze the similarities and differences between China and other countries in the legal system of national defense medical sciences.(7) Systematic study. With the help of systematic theory, study the system environment, system structure, system features, system functions and system evolution of the legal system of national defense medical sciences.Methodology:(1) Linear Study. Complete the needs study, study from the principle of law, environment study, experience study, foundation study and comparison study on the legal system of national defense medical sciences by means of bibliography review, expert consultation, similarity analysis, comprehensive induction and comparative analysis, etc.(2) Systematic study. Construct the framework for the legal system of national defense medical sciences with the application of systematic theory.Conclusions:(1) It is imperative to formulate a legal system of national defense medical sciences. Nowadays, against the social background of governing the nation by law, the national defense medical sciences could be realized only by way of legalization. If there is a legal vacancy inside the whole system, the system will be incomplete and hard to be implemented. Administrative management alone will significantly weaken the seriousness and effectiveness of national defense medical sciences. By analyzing the logic needs of high-level national laws as well as the urgent needs of China's new national defense concept, national security concept and national-defense leadership administrative system, this paper draws a conclusion that constructing a legal system of national defense medical sciences is imperative under the situation.(2) It provides theory support for the legal system of national defense medical sciences. A legal system should be built upon the basis of a comprehensive environment including human studies, social sciences and natural sciences development, so we can not ignore the value and significance of the law theory. This paper explores the law principles of the legal system of national defense medical sciences, discusses the connotation, basic characteristics, legal relations, status, sources, the main body and principles of legislation and the implementation of laws.(3) It analyzes the major deficiencies with respect to the legal system of national defense medical sciences of China. Through the comparison with some developed countries such as the United States, we find that we have a lot of weaknesses in the legal area. For example, the health service regulations about military operations in wars are not complete, some laws are absent in the field of non-war military operations, there are still some law deficiencies in the field of medical rescue in disasters and emergencies as well as in national-defense occupational disease preventions, the law of medical care in national security needs an initial study, the national defense health mobilization law system should be established as soon as possible. The comparative study also gives us the following hints: First, China needs to set up a legal system of national defense medical sciences whose name matches the reality. Second, China needs to formulate a National Defense Health Mobilization Law as soon as possible. Third, priorities should be given to the national-defense strategy of cooperation between army and civilian organizations during the legislation, so as to obtain harmonious relations among all parties.(4) It explores the evolution mode, rudimentary content and levels of constructing national defense medical sciences. The main content consists of five parts, namely, the military health service law, the medical rescue law in disasters and emergencies, the law of national-defense occupational disease, the national defense health mobilization law and the law of medical care in national security. Every major law can have its own derivative sub-laws. The levels of the law system are further probed from both vertical and horizontal perspective. The vertical level is categorized according to force and effect and promulgator, and the horizontal level is categorized according to the characteristics of the subjects being regulated.Innovations:(1) It puts forward the concept of "the legal system of national defense medical sciences" for the first time and constructs a tentative framework, laying a legal foundation for the national defense medical sciences. Instead of a specific research on laws, this study aims to dig out the inherent rules relating to national defense medical sciences. It creates a new way of thoughts for the scientific and legal research of the national defense medical sciences.(2) It is a cross-disciplinary trial to apply the systematic theories to the legal research of national defense medical sciences. Considering the legal system of national defense medical sciences as a whole, this paper analyzes its system environment, structure, characteristics, function and evolvement. Since a legal system contains complicated social relations, we can realize and solve the problems by means of systematic method.(3) It is the first of its kind to carry out a legal principle research on national defense medical sciences or military medical sciences, and establishes a theoretical framework for the legal system. This research is a theoretical legal study and therefore, can not exist without reasoning philosophy. The nomology is such a study that focuses on the research of principles, norms and institutions of law as well as the research on humanity spirit. During the process of legislation, it is more important to explore the reason of laws than to establish the laws itself. Only in this way can we obtain a better psychological and cultural condition in the democracy and law construction drive in our country.
Keywords/Search Tags:national defense medical sciences, legal system, military medical sciences, health regulations
PDF Full Text Request
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