Study On The Human Rights Protection Of China's Hepatitis B Group

From Zhou Yichao's committing murder to the murder of Zhang Xianzhu's suing administrative proceedings, to 1,611 citizens'proposal of unconstitutional investigation to Standing Committee of the National People's Congress on November 20,2003, the IPR protection of China's 120 million hepatitis B virus carriers has attracted widely media attention. What is worthy of our attention is the hotspot of such news is related to the experience of discrimination of the concerned parties, whether it is in Zhou Yichao incident or Zhang Xianzhu one. Discrimination is a subjective phenomenon, and the nature of humans is to embrace the favorable and circumvent the unfavorable. Generally speaking, discrimination and unfair treatment encountered by disadvantaged groups is derived from distribution of social power and economic interests, while discrimination on hepatitis B group is mainly from the closure of society, people'misunderstanding and the hidden Utilitarian concept.In accordance with the different attributes, human rights can be divided into human rights of the general subject and those of the specific subject. The former refers to all can enjoy indistinctive human rights, and the latter means additional rights held by special groups who are different from the public due to intellectual, physical, mental state.As a special group, hepatitis B group should be entitled to special human rights, and in some areas they should receive special human rights. What's more, they should have additional rights because of their special nature. That is to say, they are at an unfavorable position compared to the common people, so that they should be given additional rights, and they can return to equal status in order to share the community with the common people. These are the requirements which are raised by social justice and the equality of human rights for the legal human rights and also those during the development of modern law "from the contract to the identity."Based on the phenomenon of "discrimination against hepatitis B", this thesis shows that the basic reason that leads to discrimination is people's subjective thoughts. Human rights of hepatitis B group should be special human ones and its content is more widely than those of the average person in order to eliminate the unfavorable situation of the group. By means of comparing the current situation of human rights protection of hepatitis B group at home and abroad, the thesis shows existing problems of the present legal system on protection of human rights for hepatitis B group. On the basis of the full study on the medical conclusions, the deep-seated reasons of these problems are analyzed and the problems on how to improve the protection of human rights for hepatitis B group in China and how to achieve equality of human rights are discussed.