Win Dignity by Virtue of Promises and Rights ─ Starting from the Implementation of Tort Liability Law and the Regulation, Legal Systems Construction of the Protection of Rights to Medical Care and Health
Men are unequal regarding natural ability, however, men become equal by virtue of promises and rights. The most fundamental human equality lies in the equal right to live while the health right is the core of it. These promises are the legal systems of sanitation security, which shall enable social members who differ tremendously in natural abilities to enjoy equal right of basic medical care and to win the most fundamental personal dignity, and that is the bottom line of society concerning life and ethics. Tort Liability Law tries to build a centralized liability system for medical damage, which caused the debate on existence or abolishment of Regulations on the Handling Medical Accidents (hereinafter referred to as the regulation). The author thinks that the laws & regulations of civil compensation targeting medical dispute shall be keeping diversified other than being centralized. Surely, the Tort Liability Law and the regulation will not conflict while they focus differently and work with joint effort. Except for the cases where the regulation keeps functioning for stipulation, “law application rule” may not be quoted to replace General Rules of Civil Law with Tort Liability Law even though other valid laws that cover tort liability may have been applied with priority for the cases of the diagnosis & treatment is completed and the damage occurs before Tort Liability Law comes into effect. The complicated health right is stipulated in the Constitution, Article 12 of International Convention on Economic, Social and Cultural Rights and its extension documents, where the possibility of application prior to Tort Liability Law is not excluded. To realize the social rights via justice is the compelling obligation of the state and the most effective way to secure the social rights, to be specific, here we talk about promulgation and implementation of Basic Medical Care and Health.