Evolution in the concept of right to health has triggered a global wave of reforming the rule of law in public health.And China has adopted a pluralistic and comprehensive"Big Health"strategy that is based on primary health care.The participation of pri-vate entities is the reality of decentralization of health governance under the market-oriented reform of medical services and the system construction led by big health concept.Therefore,we should give full play to the openness of private law,grasp the basic positioning of The Civil Code,and integrate the personality right system into the health rule of law system,so as to make up for the legal lag of public law governance.Right to health litigation can regulate the impact of social activities on health and realize environmental health manage-ment.Discrimination in medical treatment hinders the realization of the right to health and increases the difficulties of disease preven-tion and control,which can be addressed by increasing compulsory contracting and compensation for mental damage.The implementa-tion of patients'right to privacy and health information can protect personal dignity and data security,and promote medical development strategies in the long run.Refining the content of informed consent according to the risks of specific medical activities and reversing the burden of proof can promote doctor-patient communication and reduce the risk of medical errors.
关键词
卫生健康/私法治理/人格利益/健康权
Key words
public health/private law governance/personality interests/right to health
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