Research On The Judicial Relief System Of The Right To Health In China

This article from the perspective of constitutional jurisprudence research on the judicial relief of the right to health,analysis of the connotation of the concept of the right to health,the right to health in our country can Sue of the constitutional basis,the right to health,etc.,from the right to health of constitutional lawsuit system,enlarge the constitutional interpretation aspects discusses the right to health of the judicial relief way in our country.The paper mainly studies in the following aspects:The basic research problem of right to health.Article on the concept of health and the right to health,such as the legal basis for the right to health,help and health in order to construct a theoretical framework,laying a foundation for more solutions to new problems.The judicial relief analysis of the right of health.This paper analyzes the litigation basis and significance of the right of health,and lists two examples of foreign countries.The research on the defects in the judicial relief system of the right of health.This paper analyzes the existing problems in the legal remedy for the right of health in China.The judicial relief system for the right of health is perfected and studied.The right to health in our country's judicial relief at the fledgling stage,the traditional judicial relief means there is a lot of shortcomings,through the establishment of constitutional lawsuit system,this paper can expand the scope of the "constitution" to expand scope of judicial protection,establishment conforms to the situation of our country's collective appeal system in order to perfect the judicial relief of the right to health.In the case of the right of health,only the legal relief mechanism that builds up the system can effectively give the right to health to enforce the effect.The right to health law and the legal status of curing,depends not only on the right to health standard and the legal nature of the establishment of the legal safeguard mechanism,more the operability of the legal standard depends on the right to health and the improvement of the remedy mechanism.Right remedy mechanism includes legislative relief,administrative relief and judicial relief,and the judicial relief is the most powerful of all the relief way and can reflect the social equity and realize social justice rights remedy system and the way,as a result,the relief mechanism of the right to health research should be focused on the analysis of the judicial relief.