The Study On State Obligate Of Right Of Hospice Care

With the country's attention,the aging society,and the three factors of the cause of death of citizens superimposed,the right of hospice care came into being.The Law on “the Promotion of Basic Health Care and Health”,adopted by the Standing Committee of the National People's Congress in December 2019,incorporates the health care as a comprehensive full-cycle medical and health service content.Therefore it is important and necessary to study how hospice care can be realized in practice.The right to hospice care is a basic constitutional right and the state has the obligation to guarantee its realization.The relationship between the nature of the right of tranquillity and care and other basic constitutional rights determines the legal obligations that the state should bear,and the establishment of the national obligation has an important instrumental value for the realization of the right of tranquillity and care,and it helps to correct the right of society Cognitive bias.In addition to the introduction and conclusion,this article is composed of four chapters with a total of more than 60,000 words.The structure and main content of this article are as follows:The first chapter explores the connotation of the right of hospice care.This chapter cuts from the concept of hospice care,on the basis of clarifying the definition of the hospice care and euthanasia,dignity death,and then leads to the meaning of the right of hospice care that the right to hospice care has the basic right to guarantee the quality of life and has obligation of the state,pointing to but not equaling to the "end of life" nature,and the right of hospice care and the main related rights to distinguish.The second chapter discusses the relationship between the realization of the right to the right of hospice care and the fulfilment of state obligations.This chapter starts from the obligation subject of the realization of the right of hospice care,combing out the legal subject and the auxiliary subject of the obligation of the right to realize the right of hospice care.It holds that the state is the subject of the legal obligation to realize the right of hospice care has the basis of the state essence,constitution and reality.On this basis,the chapter thinks that the realization of the right to peace needs the state to fulfill the negative and positive obligations corresponding to the basic rights.The third chapter examines the implementation of the state's obligations in the realization of the right to heal.This chapter begins with a review of relevant cases of domestic tranquillity and care.Based on the analysis of relevant cases,it derives the problems existing in the fulfillment of national obligations in the realization of the right of tranquillity and care.The chapter thinks that there are three major problems in the practice of the right of Anning therapy in China,which are legal obstacles,administrative inadequacy and judicial tension analyzing the reasons for the existence of the problem which provides help for the improvement and thinking of subsequent countermeasures.The fourth chapter is to think about how to promote the fulfillment of the state's obligations in the realization of the right to tranquility and care.This chapter starts with the practice of hospice care in some countries or regions,which combs the main experience with a view to providing enlightenment for the practice of our country.Under this premise,it is believed that the national legislature should take the protection of human rights and rights relief as the core value and legislative orientation of the special legislation for the follow-up of hospice care.The administrative organs should actively promote the optimization of functions,with procedures to regulate the realization of the right to protect the right to be hospice and the judicial organs should take the protection of human rights as the judicial intervention degree and limit standard severance of disputes concerning the right to heal.On the basis of clarifying the laws of judicial activities today,we should optimize the value of judicial justice.