Basic principles of health regulations:
(1) Principles for protecting citizens' rights and interests in life and health
(2) the principle of putting prevention first
(3) The principle of relying on scientific and technological progress.
Life science is one of the most active and important fields in the development of science and technology in the world today, which will continuously give a great impetus to the development of medicine and push human beings' understanding of their own life phenomena and diseases into a new stage. Practice has proved that the development of health undertakings and the realization of health goals depend on the development of science and technology in the final analysis.
(4) The principle of coordinated development of Chinese and Western medicine.
This refers to correctly handling the relationship between Chinese and western medicine in disease diagnosis, treatment and nursing.
We should seriously study modern medicine and strive to develop and improve the scientific and technological level of modern medicine; At the same time, we should strive to inherit and develop the traditional medical heritage of the motherland, and use modern scientific and technological knowledge and methods to study, sort out and excavate it, so as to raise it to the level of modern science and make the two uninterrupted theoretical systems of China and the West learn from each other and develop harmoniously.
(5) the principle of mobilizing the whole society to participate.
This means that the health work must be led by the government, coordinated by departments, supported by the society and participated by the masses, so that the medical and health undertakings can become the cause of the whole people.
(6) Principles of national health supervision.
Refers to the health administrative organ or the health functional department authorized by the state to supervise and inspect the implementation of health laws, regulations, rules, methods and standards promulgated by the state by the relevant units and individuals within its jurisdiction.
(7) The principle of patient rights autonomy.
Including patients' right to seek medical treatment, to know, to decide, to privacy and to appeal.
Health laws and regulations mainly include:
(1) Laws and regulations concerning medical personnel, such as the Law on Medical Practitioners and the Regulations on Nurses.
(2) Laws and regulations related to medical management, such as the Drug Administration Law and the Chinese Medicine Regulations.
(3) Laws and regulations related to mental health, such as the Mental Health Law.
(4) Laws and regulations related to medical treatment and disease control, such as the Law on the Prevention and Control of Infectious Diseases and the Regulations on the Prevention and Control of AIDS.
(5) Regulations on Handling Medical Accidents, Tort Liability Law and other laws and regulations on handling medical disputes.
The meaning of health law:
(1) Health Law is a domestic law based on the differences in political, economic, cultural and historical traditions among countries in the world.
This determines that there are huge, even essential differences in health undertakings and management in different countries.
Therefore, the health law is not an international law recognized by the general international community, but a legal norm formulated by the legislature of a sovereign country on the basis of the constitution and applicable to that country. As a domestic law, health law has no international effect and does not need international recognition.
(2) Health Law is a legal norm to regulate the development of national health undertakings and adjust the relationship between health administrative organs and private parties.
From the perspective of the development process of national health undertakings adjusted by the health law, the basic social relations involved in the health law mainly include:
First, adjust the management authority and division of labor of the central and local health administrative organs. For example, the second paragraph of Article 8 of the Law on Medical Practitioners in People's Republic of China (PRC) stipulates: "The unified examination method for medical qualifications shall be formulated by the health administrative department of the State Council. The qualification examination for doctors shall be organized and implemented by the health administrative department of the people's government at or above the provincial level. "
Second, adjust the relationship between the government and medical institutions. For example, Article 9 of the Regulations on the Administration of Medical Institutions stipulates: "The establishment of medical institutions by units or individuals must be examined and approved by the health administrative department of the local people's government at or above the county level-"
Third, adjust the relationship between medical institutions and patients, that is, the doctor-patient relationship. For example, Article 24 of the Measures for the Administration of Nurses in People's Republic of China (PRC) stipulates: "Nurses shall not disclose the privacy of medical patients in their practice activities, except as otherwise provided by law."
(3) The Health Law stipulates a vertical health administrative relationship with command and obedience as the basic content and subordination as the basic feature.
The Health Law stipulates the vertical health administrative relationship with orders and obedience as the basic content and obedience as the basic feature. In this relationship, the existence of the government and the exercise of its administrative power are a necessary condition.
On the one hand, the government is the executor of state administrative power and the main body of administrative activities; On the other hand, once an administrative organ is established, its actions have certain coercive power, so the implementation of its specific administrative actions must follow certain rules and procedures.
Of course, the health administrative law also gives other subjects of health administrative relations a certain legal status, stipulates their rights and activities, and makes them meet the requirements of national will and public welfare.