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Explanation And Application Of Health Law

Posted on:2010-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q WangFull Text:PDF
GTID:2166360278472978Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Health law explanation is one kind of departmental law based on law explanation, which is also foundation stone of law methodology. However, due to the "law malnutrition" of health law research, monoknowledge of law researchers, imbalanced law system and the preference exposed by law explanation theory, health law explanation may appear to be silent. Health law explanation means that during health law execution and judicature, related departments, organizations and individuals adopt efficient law method to make clear statement and explanation of health law case decision concerning health law regulations, health law case and the mutual relationship. Health law explanation is special because of its' quadratic applicable structure, and has certain administrative, judicial and social functions. For entity analysis, health law explanation should base on the specific perspective of social law, in order to realize the transfer from "power-oriented principle part" to "right-oriented principle" and from seeking of explanation method to argumentation explanation method. From the perspective of procedure insurance, the concept of the procedurizied health law explanation has positive meaning for law realization and the acceptability of health law case judgment. The initiation, execution and issuing elements of health law explanation should be noted. The construction of operation and procedure is conformed to procedure legal, time limitation, efficiency and laws while also considers policies and public participation. As an important part of law methodology research, the entity analysis and procedure insurance of health law explanation is external practice concerns. Law methodology should directly face problems of law explanation in health field, and be bold to accept the practice test.
Keywords/Search Tags:Health law explanation, entity analysis, procedure insurance, law methodology, practice concerns
PDF Full Text Request
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