| 英文摘要 |
For the aim of perfecting the health related legal regimes, and taking international human right related to the right to health as a basis, the paper, from the three angles of private law, public law and social law, explores the attributes of right to health by adopting the multi-disciplines methods of ‘law(jurisprudence) and social policy’ as well as ‘right to health and health system’, supplementing with empirical analysis. The right to health is citizen’s a fundamental right with three different attributes: civil right, social right and political right; and there are causes and theory basis for the three attributes, which have specific implications for development of Chinese legal system. The advancing of the ‘three attributes’ theory of right to health prompts us, starting from the ‘three attributes’, to ponder its value in epistemology for the improvement of China’s health system and its basic legislations, and for the development of the constitutional law, social law and medical law in China. |
