Inspection and Reconstruction of the Function of the Right to Health in Basic Medical Care and Health Promotion Law: From the Perspective of the Public Health Emergency
The Basic Medical Care and Health Promotion Law takes the establishment and protection of citizens’ right to health as its core purpose, and comprehensively establishes the legal system framework of citizens’ right to health. However, the Public Health Emergency caused by COVID-19 show that the norms of the right to health established by the law emphasize the function of beneficial right more than the function of defensive right and objective value order of the right. The reason is that in the Constitution of our country, the right norms of citizens’ health interests are included in the framework of social rights, and the most significant function of social rights is the function of beneficial right. Therefore, from the perspective of the Public Health Emergency, legislators should enrich the right content of the right to health and formulate new rights norms to make up for the defects of the law in the function of the right to health.