The Study Of Medical Security

In history, medical security system goes through two stages from favor to right. In theDark Ages, wars were frequent. It was impossible for the country to undertake obligation ofmedical security. Although there was provision of medical aid to patients in The ElizabethPoor Law, citizens didn’t have medical security in the strict significance. During thedevelopment of two Industrial Revolutions, capitalist mode of production had beenestablished. Started with The Enterprise Workers Disease Insurance Enterprise WorkersInsurance Law of Germany in1883, citizens’ medical security has been put forward in theform of law for the first time, and required countries to perform an obligation to guaranteecitizens’ medical security. After World War II, citizens’ medical security has been developedin a new stage. The International Convention on Economic, Social and Cultural Rights andother laws enrich the connotation of the medical security to move forward a single step, andcountries constantly improve the mode of medical security, the health care reform of Obamain2012is one of them.Medical security is the basic and independent human right in the modern society, whichguarantees humans’ survival and development, aimed at being on guard against survival risksand keeping citizens’ survival and development with dignity; medical security reflects moralrequests in the meantime, and shows loving care for humanity, which is a vivid reflection ofhumanistic spirits in the modern legal system. Medical security is a citizens’ fundamentalright in the modern society all the same, which is essential to maintain human’s honor andvalue. Medical security refers to a right which a citizen gets medical service when his bodyand health is injured by diseases or other natural events and emergency, and compensation orrelief of medical and other costs.Since PRC established, during continuous development of medical insurance system, thecomprehensive development pattern of the Urban Employee Basic Medical InsuranceSystem、the Urban Residents Basic Medical Insurance System、the New Rural CooperativeMedical Security System and the Urban and Rural Medical Security System has beenestablished step by step. But citizens’ medical security is still imperceptible, it is not equal indifferent places and industries, and has an effect on social equity. For the purpose, countriesshould perform an obligation of medical security positively. Aimed at citizens’ negative and positive liberty, countries should perform negative and positive obligations. As Ade said,countries should perform three levels of obligations to economic, social and cultural rights,which include obligations to respect, guarantee and fulfill. The trichotomy is reflected in theInternational Convention on Economic, Social and Cultural Rights. As an important right inthe economic, social and cultural rights, medical security requires countries to fulfill threelevels of obligations similarly. The negative obligation is the obligation to respect. Everycitizen is different, chooses different kinds of health care services. Countries should respectcitizens’ free agency and health care services should respect citizens’ right of privacy in thedoctor-patient relationship. Positive obligations include the obligations to guarantee and fulfill.Subject to urban-rural dual structure, citizens’ medical security in our country is unequal infact. So the obligation to guarantee of countries requires countries shouldn’t violate citizens’medical security firstly, and secondly stop third party violate citizens’ medical security, try toeliminate differences in the medical security field, maintain fairness and justice in the society.As the superlative obligation, the obligation to fulfill requires countries to perform obligationspositively in the legislative, fiscal and institutional levels, reflected countries’ dominant role,create a favorable external environment, fulfill citizens’ medical security requirements.