Research On The Right To Medical Assistance

Poverty caused by illness is a social problem all over the world.Since the founding ceremony of the People’s Republic of China,the party and the state have paid close attention to people’s livelihood and set up a medical assistance system,which has greatly alleviated the problem of poverty caused by illness in China.The establishment of medical assistance system is the guarantee of nationals’ right of medical assistance.As a fundamental right of nationals,the right of medical assistance means that when citizens can not protect their health due to poverty and other reasons,they have the right to apply for medical assistance from the state to avoid falling into poverty.The right of medical assistance is the double guarantee of the citizens’ right to life and health,the bottom right in the system of the right of medical security,and the last line of defense of the citizens’ right to health.Its basic right attribute is confirmed and protected by the Constitution,which is the basis for the establishment of the legal system of the right to medical assistance in China.The importance of the right to medical assistance has put forward the strict request to the right safeguard,through the inspection local legislation and the social policy to the right of medical assistance safeguard,our country present medical assistance safeguard system still has the flaw.First,the content of the right is not complete;second,the procedure of realizing the right is not standard;third,the right relief system is deficient.Taking the right of national medical assistance as the starting point,the legal system of medical assistance should be supervised from three aspects:legislation,law enforcement and judicature.First of all,improve the legislation.The right to medical assistance is stipulated by the constitution,and the specific content of the right should be stipulated in the form of a specific law,and the content,relief and legal responsibility of the right to medical assistance should be clearly defined,so as to make it a specific legal right,not a theoretical right.Second,law enforcement must be strict.The realization of the right to medical assistance depends on the development of medical security by the state,which will inevitably involve the establishment of medical assistance administrative and administrative organs,the construction of medical assistance public service system,and the improvement of medical assistance law enforcement system,this is the core and focus of the right to medical assistance.Finally,judicial relief.If the right to medical assistance is infringed upon,relief is an important way to safeguard the legitimate rights and interests of the national medical assistance,and the relief mode of the right to medical assistance should be adapted to its specialty and particularity,with professional relief procedures and handling methods,to provide judicial protection for citizens’ right to medical assistance.The right of national medical assistance involves economic law,administrative law,civil law and other legal fields.It solves the difficult problems in the field of people’s livelihood and is of great significance to the realization of social equity and the maintenance of social stability.