Research On National Obligations For The Protection Of Citizens' Right To Health In Public Health Emergencies

Under the strategic goal of Healthy China,the state obligation to protect citizens' right to health is one of the core issues in public health emergencies,which has a new multidimensional aspect.The right to health of citizens is the source and active driving force of the state obligation,while the state obligation is the fundamental guarantee of the right to health of citizens and the rigid medium force of the realization of the right to health of citizens.The special state of society does not in any way affect citizens' desire for state guarantees of the right to health,but only increases.With the frequent occurrence of public health emergencies,the relationship between "citizens' right to health" and "state obligations" is closer,which is more conducive to the establishment of social identity of state obligations guaranteed by citizens' right to health.In public health emergencies,the obligation of citizens the right to health protection of national formal establishment has experienced a long period,and continuous development,followed by the ancient countries without the obligation of period,the transition of modern national obligations,formal establishment and development of the modern state obligation period and the new requirement of the contemporary national compulsory period.In recent years,along with the development of the objective situation of the citizens' rights to health consciousness is an important shift,accordingly is no longer simply seeking a self-developing,but greater extent,depends on the role of the state obligations,civil health right obligation to the country and put forward the new requirements of development,especially the state promotes compulsory health power demand is increasing.In public health emergencies,the obligation of the state guarantees citizens the right to health of formal establishment has both profound theoretical basis,and depends on social reality of diversified and exist: in terms of theoretical basis,there is the right of Chinese citizens the right to health compound theory,the welfare state theory of citizens the right to health and the lives of citizens the right to health relevance theory;On the basis of social reality,the official establishment of the obligation of the state to guarantee citizens' right to health stems not only from the need of guaranteeing citizens' right to health in modern risk society,but also from the strong promotion of the social reality of frequent public health emergencies.Citizens the right to health care in the public health emergency state can be divided into respect for the obligations,to protect and promote the obligations of three different levels,step by step,indivisible relations between and among,the respect of the lowest level is the national obligation,higher level is protected by the state obligation,the highest level is the national promote obligation.In the post-epidemic era,it is necessary to reconstruct the state obligation of safeguarding citizens' right to health at the level of normative protection,institutional protection and rights protection,it is necessary to perfect the “Ecological protection”provisions in the constitution,attach importance to the “Promoting legislation”of citizens' right to health,and establish a health protection system in the event of public health emergencies at the level of institutional guarantee,we should improve the information disclosure system concerning citizens' health and establish a medium-and long-term intervention system for citizens' mental health crisis.On the relief guarantee level,we should affirm the justiciability of citizens' right to health,it is also necessary to establish the Constitutional Litigation System of citizens' right to health.The construction and perfection of the state obligation to protect the citizens' right to health in public health emergencies will become one of the key measures and the focus of the times to protect the citizens' right to health and improve the quality of the whole people's health under the healthy China strategy.