How to protect the right to life and health?

As a basic individual right, the right to health is universally protected by international law and domestic law. Article 98 of China's Civil Law stipulates that citizens have the right to life and health. The right to life and health includes the right to life, body and health. The right to health is an important part of the right to life and health. Torts against the right to life and health are usually divided into three situations: infringement of the right to life, that is, causing death; Infringe on the right of the body, that is, damage the integrity of the body; Infringement of the right to health means damage to health and disease. According to the World Health Organization's definition of health, "violation of health" should include violation of physical health and violation of mental health. Tort that leads to the victim's mental damage or even worse-leading to his mental illness-should be a violation of the right to health.

The "right" in law refers to a force endowed by law, supported and guaranteed by law, which is called "legal effect" [1]. This kind of power has the ability to dominate the subject matter and others, and combines the elements of "specific interests". Health is the basic condition for human survival, and good health can bring individuals the indispensable labor ability and personal development potential for making a living and decent life. The above-mentioned benefits brought by citizens' enjoyment of health are the concrete elements of citizens' right to health. Therefore, the right to health is the legal effect that specific citizens enjoy health benefits according to law.

The right to health is the basis for citizens to enjoy all other rights, the inherent right of citizens and the most basic interest. Therefore, the right to health is closely protected by criminal law, civil law, administrative law and other legal norms. To support and protect citizens' right to health by law requires considerable restraint on the counterpart, that is, any behavior and activities of the counterpart shall not infringe on the health of others. This kind of legal constraint is the obligation of the relative person and the "legal effect" of the right to health.

With the progress of democracy and legal system in China and the improvement of citizens' legal consciousness, people pay more and more attention to the right to mental health. In recent years, there are more and more litigation cases involving compensation for mental damage, which has become a social hot spot for a period of time. Because the General Principles of Civil Law of our country does not clearly stipulate the right to mental health, compensation for mental damage has first become a difficult problem in civil justice. In view of this situation, in March, 20001year, the Supreme People's Court made a judicial interpretation on several issues concerning the determination of compensation liability for mental damage in civil tort [2]. Can it be considered that this marks the state's confirmation of citizens' mental health rights? However, the problem of mental damage caused by infringement is very complicated. This is not only a legal issue, but also a medical issue. Whether the infringement has caused substantial mental damage to the infringed person, the degree of damage, the consequences of damage to the infringed person's physical and mental health, and how to compensate for the mental damage. All need further communication between the legal profession and the medical profession.