| The construction of the health law system is related to the protection of citizens’ life and health."To realize the health and longevity of the people" is an important mission proposed by the CPC Central Committee.As a general law in the field of public health,the Law on Basic Medical Care and Health Promotion(hereinafter referred to as the Law on Health and Health)for the first time fully and clearly expresses the "right to health".The Law stipulates in Article 4 and Article 5 the right to individual health enjoyed by citizens and the obligation of the state to guarantee the individual health of citizens.Meanwhile,in Article 6,it stipulates the duty of the state to give priority to the development of "people’s health" and the obligation of the state to guarantee "people’s health".Complete meaning of "the right to health" includes the right of citizens to public health,personal health and social health and the health law"to" the people’s health "in article 6,and article 4,article 5 of the regulations of"citizens the right to health "are separated,you can see" the people’s health and the citizen’s personal and health "is the concept of two phase difference,Combined with the specific measures of safeguarding public health stipulated in Article 6 of the Law,"people’s health" can be understood as public health corresponding to individual health.In this way,the basic value pursued by the Health and Health Law can be identified,namely,the priority of public health.However,although the realization of public health will eventually promote the improvement of everyone’s life and health security level,the ultimate goal of the government to perform public health duties and safeguard public interests is also to enable everyone to enjoy a safe and healthy life.However,in the process of realizing national health and longevity,there will inevitably be conflicts between public health and individual health,or between public health and the realization of other rights and interests of individuals.This article first introduced the public health related laws in China,policy of priority development of public health challenges,including the "public health related laws do not agree on the value pursuit of","public health related specification in the scope of our public health care problems","public health related specification in the existing problems in public health care means".Secondly,this paper introduces the reasons for the problems in the priority development of public health.First,"the characteristics of China’s public health law determine the inevitability of this issue".With the expansion of the connotation of public health,more and more government regulation has become the main content of public health law,which determines that the public health law must inevitably face the conflict between public interests and personal interests.Secondly,the construction of the theory of "public health law effect is deeper hygiene and health law",the public health law was originally included in the health,with the development of the health law,it has become an important content of the health law,an independent legal system,the time of late,basic comes from the health law,its theoretical basis and a focus on individual health rights and interests protection of the health law,the public interest is relatively ignored.The third is the "individual-oriented tendency of public health law".The conflict between public interest and personal interest has long been concerned by scholars.Scholars put forward the "principle of no harm" and the "principle of parental attention",but the above principles focus too much on personal interest and cannot effectively resolve the conflict between public interest and personal interest.Finally,the relationship between the priority development of public health and the guarantee of other interests is analyzed.This part first emphasizes the importance of public health,which is the concentrated embodiment of public interest in public health law.Secondly,it emphasizes that the protection of personal interests is an important part of the public health law,and personal health cannot be compromised when facing public health.Finally,it briefly discusses the relief system of public power infringing on public interest,individual infringing on public interest and public power infringing on individual interest in the name of public health. |