A Research On Modern Public Health Law In China (1905-1937)

The public health administrative system is part of the institutional changes in the lateqing dynasty. In1937, with the development of the republic of China, it formed health legalsystem finally. While it changed public attitudes, regulated public life and reshaped the nationand country.First, through the introduction of health legal system in ancient China,this article try toexplain that health legislation has certain social and historical basis.With the transformationof modern society rapidly,"health" have new changes, health is "power", and health is "publichealth"exemple, the concept influenced the public health and health legislation directly.Second, In1911,The northeast plague outbreaked,The qing government setted up thelegal systems of public health which was basised on epidemic prevention.It is a great changefrom local to national legislation.due to political unrest, the health administrative agency cutseveral times.However, formulation and implementation of the health law is still effective.Notonly the scope expanded,the technical specification has become the focus on the public healthlegislation increasingly.epidemic prevention, environmental regulations, food hygiene rulesand the qualifications law of doctors have formed the system, it is the overview of the legalsystem of public health in the republic of China basically. The article also pay attention to thepublic health administrative factors of the legislative debate of Chinese and western medicine,trying to parse the influence of the event on modern public health law.Third,this paper also analyses influence of the police system of health, which how bringthe administrative power into the society, and how changing people’s lives gradually. Inaddition, through analysis of the development of health autonomy and health sports, we candiscovery the influence of health in the process of the formation of a national state status.Compared to the other department laws, the health law become more directly, more concretlyand more subtly, Under the protection of national force.It embodied the state power, and itinternalized the external legal norms to the habits of people’s lives.Finaly,on the basis analysis above, this paper also found one center and two main lines inthe legal construction of public health.One center is the inevitable development trend of thepublic health and public health legal system under modern national construction.A commonthread is the relationship between public health legal system development and "scientific"; Another is the relationship between public health legal system development and"modernity".It not only formed the basic characteristics of modern public health legalsystem,but also determined the achievements and limitations of modern public health legalsystem construction directly.The great change of modern society caused a serious departure from the ideal and reality,From the construction of public health legal system,although the government has thedetermination, but the national reality does not have ample conditions, it decided health lawsonly belong to a kind of constructive rule. Throughout the development of modern publichealth legal system, both legislation and implementation status show the real modern nationaltransformation from another side. In the dilemma of system construction and the presentsituation of the state, the construction of the public health law is very tortuous, but it has beenfor "reengineering" national goal in the effort. Success or not, it left a revelation to theposterity.