The Improvement Research In Regard To Medical Right Of Ethnic Minority

Everyone will have access to basic health care,is the vision of human good,the natural law school,there is a birthright,relationship between the "human,human dignity and freedom".In the philosophy of law,medical treatment is no longer a means,itself is purpose,however,if people don't realize is medical purpose and rights,will greatly hinder its implementation.Health,therefore,is that right?What kind of rights?It is discussed in this article the first fundamental problem.So,in this paper,first of all to the right of medical ontology are described,including the right of health concept,structure,content and nature,and so on.At the same time,in the medical sociologist,health is also a means of social control,and governance,which is to maintain a healthy physical,psychological,ethical,and the important role of social order,to control and correct a social deviant behavior have built nature--the function of the "disease",and then adjust some kind of social relations.Also so for the right of medical guarantee with the corresponding order and justice value,however,the realization of the maintenance of order and justice,will inevitably involve the active intervention of the country,therefore,how to balance the limited state intervention and the relationship between the individual freedoms is demonstrated in this paper the second question.Minority nationalities is a kind of special groups of citizens in our country,in the long-term medical practice,formed its own unique view on disease,health awareness,special doctor-patient relationship and medical model,some still formed the relative system of the medical system,such as medicine,Tibetan medicine and Dai medicine and Yi Zhuang medicine,etc.,and for those of the minority cultural particularity of medical observation is the third problem is analyzed in this paper.But also due to the geographical,historical,political,economic and practical ability,the influence of such factors as the right of ethnic minorities in the medical enjoy and exercise the right of partiesSpecifically,the content of this article is divided into eight parts,six chapters.Introduction part introduces the background and research significance of topic selection,"the right of ethnic minority medical security" is a classic problem of national law,both for ethnic minorities(medical)rights(security),is also to the legal system in national(regional)implementation problems,in the society at the same time,the current focus on the problem and research is still relatively limited,therefore has a certain theoretical and practical innovation significance.Research methods of this article is mainly combined the theory of political philosophy of the law norm analysis method,analysis method and the empirical study of legal anthropology,the thesis is the problem of a certain degree of interpretation and countermeasures combining the research.The first chapter is "basic" chapter,research approach is combined with the definition of basic concepts,and the right to health is what rights the legal type of inquiry.Medical activities can always accompanied the human survival and development,but medical treatment does not has always been a kind of right,different levels of productivity and social structure corresponds to the different medical ideas and methods,cultural diversity also brought medical model of multivariate,at the same time,in the perspective of social constructiveness,the goal and the function of health care is also diverse.With the germination and development of freedom and right consciousness,the members of the community while partially release freedom began requiring countries to fulfill the obligation in the negative and positive,the health care is gradually from grace(moral obligation),save,Hong(social governance)rise as a kind of right(the individual freedom,and the related legal norms.Health is what kind of rights,however,the concept how to define?How content?How the nature?Have not formed the corresponding tong said.On this,this article first to the right of medical jurisprudence ontology analysis,to define the concept and nature,and in its form,made clear the rights and obligations of the general and the special subject,and create the four major contents of health,respectively,including medical resources to enjoy rights and basic medical security and medical informed consent and the right of the emergency medical treatment.In the special subject of right of health,there is a kind of special subject is minority,its particularity,is a problem,need to discuss in this chapter,first by national minority health right and discussed the relationship between civil health right of minority health was defined.The second chapter is on the basis of the first chapter,mainly discusses the particularity of minority exercising medical and health right,minority is an integral part of our citizens,equality and freedom of the citizen's basic medical.But on the other hand,due to historical,political,economic and geographic factors,ethnic minorities enjoy and medical care in medical resources is in a certain social disadvantage.Ethnic minorities,on the other hand,in the long-term medical practice,formed a unique view of the understanding of the disease,health,and health and values,and fixed to the unique medical beliefs and culture,at the same time,the minority of medical mode and medical behavior also has a certain particularity,and the special doctor-patient relationship in the ethnic minority society,also has created special doctor-patient interaction model,in this particular interaction model,part of enjoy and health right is a particularity and limitations.Therefore,this article respectively in different medical model,including western medicine,folk medicine and medical mode of anthropomorphism,the right of minority health and exercise the rights to limitation and particularity of was investigated.Chapter,the third chapter is "the essential" in the second chapter,this article discussed the health of the nature of the "negative" and "positive",now in our country vigorously advocated governing the country according to law,to establish a constitutional country,its aim is to "limit the power and security rights",and"security",includes two ways,one is more important,is also the current academic circles more the disapproval of the negative inaction way,which requires countries to individual citizens freedom shall be fully respect,namely from intervention,another way corresponds to the country to perform the duty of positive for help and to guarantee citizens health "self-realization",namely,freedom from want.Therefore,in this paper,the third chapter from the right of ethnic minority medical safeguard justice and order value,this paper discusses the for minority medical right to"positive" safeguard and the necessity of "soft law father doctrine",and in the fourth chapter to the right of ethnic minority medical "special" guarantee the legitimacy of arguments laid a solid foundation.The fourth chapter is the study of "important" chapters,mainly focus on demonstrates the minority health "special" guarantee the legitimacy of,this is the last in the study of minority rights are ignored.First of all,to justice and equality of new liberalism theory as the route,mainly introduces the classical theory of three scholars,one is,guided by Rawls's two justice principles,analyzes the minority some disadvantages belong to social groups and apply the principle of justice of the difference of appropriateness,at the same time,the argument tilt protection is essential for democracy,love,mutual benefit,and the requirement of justice.Second,Dworkin's theory of resource equality and equal concern for the right of ethnic minority medical special safeguard provides support,medical resources as a kind of scarce resources,its geographical allocation fairness is very poor,and most of ethnic minorities and in geographical position,therefore,in order to give the ethnic equality concerns,will need to implement the corresponding treatment measures.Three is,Sen in identifying disadvantage and help the object,to achieve real freedom,puts forward a new important standard-"practical ability".Second,the analysis of the above are based on the new liberalism(center-left)approach,its basement is protection of personal freedom,and communitarian's believes that the right of ethnic minority medical security has the profound historical and cultural embeddings,personal impossible from the community and the realization of absolute freedom,emphasis on collective interests take precedence over the interests of the individual,to the collective interests,restrictions on individual freedom and build is justified.Subsequent free pluralism to reconcile this,think minority group members on the basis of owns as the rights of citizenship,the differences between the also should enjoy rights,and the difference of freedom is to guarantee the existence of cultural diversity,to the right of ethnic minority medical security cannot leave a multicultural context.The fifth chapter is "background" and "empirical research" section.This chapter starts from the theoretical analysis into the reality of the investigation,and also is"important" and "continuity" chapter,is the purpose of the empirical research to discover problems,and then combined with theory,analysis and work out corresponding countermeasures.This paper select on the right of ethnic minorities of Yunnan medical security,for example,according to the characteristics of the medical rights by inclusion content of different needs from different content on the macroscopic and microscopic,different levels of investigation.Therefore Yuxi city,Yunnan province,and as the medical resources allocation and health care policy analysis object,and chose the gas is aspired town and large betel nut park village as the behavior of micro observation "field".Choose the reason is that it has "frontier","mountain","backward" and "diversity" national medical culture,cultural symbol characteristics,such as the research objects respectively corresponding to these symbols is relative,for example,GA is aspired town in geography is relatively open,relatively closed again,on the economy is relatively poor,and relatively rich,but the main is there are rich and diverse medical relatively well-preserved minority culture.Followed by use of anthropological participant observation,depth interview and questionnaire investigation,discovered the right of ethnic minority medical security problems in different aspects,summarized,mainly including medical resource allocation injustice problem,minority medical security of difference,the effectiveness of the ethnic minority exercising health right and diverse ethnic minority medical cultural dilemma,etc.The sixth chapter is the "recommended" chapter,aiming at found in chapter 5 of the ethnic minorities in Yunnan province different content,right of medical guarantee in Yunnan province for field,puts forward certain Suggestions,according to the difference of Rawls justice principle,should give minority special allowance of medical treatment insurance,has fixed AIDS policy,and based on his practical ability training,improve the accessibility and rights of minority human resource effectiveness of exercise.Protection of minority health right and,of course,keeps the diverse ethnic minority culture and pattern.Theory,but it is very important,and the sixth chapter,but distinct from,is respectively from the constitution,civil law,the social security act,such as legal department,the right and the right of ethnic minority medical health care some superficial Suggestions are given,and puts forward that implemented in the traditional Chinese medicine act,should be review by our country's basic medical health law "as soon as possible,in the two legal norms as the foundation,let the medical and health law as an independent legal department.The conclusion part draws four basic conclusions through the thinking,analysis and demonstration of the full text.Firstly,the minority medical right is an important part of the citizen's medical right;secondly,the minority medical right has its own particularity and needs special protection;thirdly,the special protection of minority medical right has certain value and legitimacy;fourthly,the minority medical right is an important part of the citizen's medical right.There are some problems in guaranteeing the medical rights of ethnic minorities,and some suggestions are made for their perfection.