On the Improvement of Emergency Care Legislation from the Perspective of the Right to Health and Right to Life
The emergency care system in China is fragmented and technology-oriented,and its degree of legali-zation cannot meet the need of protecting people's health.The key lies in the lack of reflection on the logical starting point.The right to emergency care has dual attributes of right to life and right to health.Based on the concurrence of fundamental rights,there are three situations in rules of the right to emergency care:priority application of the right to life,priority application of the right to health and cumulative application.Guided by the capabilities of the right to emergency care,a distinction should be made between first aid services at the stage of damage prevention and the emergency diagnosis and treatment services at the stage of risk elimination,and the legal obligations of med-ical and healthcare institutions.The emergency disease assistance system should be taken as the core of the financial guarantee of the medical emergency system,and a diversified emergency care cost sharing mechanism should be es-tablished from three levels:family,society and country.
Right to LifeRight to HealthRight to Emergency CareEmergency Care SystemPre-hospital First-aid System