First, the introduction-a heavy topic caused by blood?
Case Xiuzhou District, Jiaxing City, Zhejiang Province recruited 9 national civil servants for fresh college graduates, and 157 people signed up for the exam. After written examination and interview, the first 13 candidates took part in the final physical examination, and 4 of them failed. The fresh graduates of College of Agriculture and Biotechnology of Zhejiang University were ranked eighth (fourth in written test) on Monday because they were found to have hepatitis B "Little Three Yang". If the recruiting unit is judged as "unqualified" according to the national civil servant recruitment regulations, it will not be hired. On the evening of April 2, Zhou learned that he was eliminated due to physical reasons. He took a fruit knife and a kitchen knife to find Gan, the chief of the Civil Service Management Section of the Personnel and Labor Security Bureau, and asked about the recruitment of civil servants. He asked Gan for a test paper and failed. Later, he took out a fruit knife hidden in his bag in the bathroom and assassinated two personnel cadres, resulting in a tragedy of one death and one injury. Zhou was subsequently detained in criminal detention. [1] The Intermediate People's Court of Jiaxing City, Zhejiang Province heard the case in public, and sentenced him to death in the first instance on Monday, and immediately executed it.
After reading the case, people can't help asking: what is the "small three yang" of hepatitis B? What does it have to do with hepatitis? What is the evaluation significance of this physical examination result of the hospital to the physical condition of workers? To what extent can it affect the employment situation of workers? Why do employers refuse to hire such workers?
Second, the interpretation of medical common sense
1963, the medical discovery of scientists such as Bloomberg opened up a way to diagnose and find carriers in the laboratory, making it possible to detect hepatitis B virus carriers in routine physical examination.
China belongs to the high incidence area of hepatitis B virus infection. At present, the infection rate of hepatitis B virus in China is about 60-70%, among which 10- 15% people are positive for HBV surface antigen, showing that they are carriers of hepatitis B virus. There are1400 million people in China, and most of them have been infected with hepatitis virus. There are about 65.438+0.2 billion HBV carriers and 30 million HBV patients [3].
Not everyone infected with the virus will become a hepatitis B patient. From the medical concept, the three names of hepatitis B virus infection, hepatitis B virus carrier and hepatitis B patient have different meanings.
Hepatitis B virus infection: People who have been infected with hepatitis B virus in the past or now are called hepatitis B virus infection.
Hepatitis B patients: Clinical symptoms include fatigue, anorexia, nausea, greasy, diarrhea, abdominal distension, etc. Some cases have jaundice and fever. The results showed that liver function was abnormal, and serum HBsAg, HBV DNA and DNA polymerase were positive. Such patients should usually be treated and maintained clinically.
Hepatitis B virus carrying status-Clinically, people who are HBsAg positive and have normal liver function for more than half a year (people who have never had a history of abnormal liver function before) are often called asymptomatic hepatitis B virus carriers. The authoritative medical point of view is that these people can work and study as usual except for blood donation, child care and drinking and clothing industry. Most of them don't need clinical treatment, but they should pay attention to daily health care and personal hygiene habits. [5]
In the recruitment process, there are two main physical examinations of liver organs for employers to choose: 1, liver function examination; 2. Five tests for hepatitis B. In terms of the functions of tests, the two have different division of labor. The former mainly depends on whether the liver function is normal, and the latter depends on the infection status of hepatitis B virus (past infection or current infection). Infected with hepatitis B virus, liver function can be normal or abnormal.
Routine physical examination is only to draw blood to measure liver function. Abnormal liver function indicates that hepatocytes are destroyed and the normal function of the liver is impaired. If the laborer needs medical treatment or rest, the employer will not employ him, because the laborer's physical condition is not suitable for taking part in labor at this time. From the perspective of protecting workers, they need treatment and rest. At present, in addition to blood tests for liver function, many units also conduct additional "five items of hepatitis B" tests. There are three pairs of immunological markers of hepatitis B virus, which are 1, surface antigen (HBsAg), 2, surface antibody (anti-HBs or HBsAb), 3, E antigen (HBeAg), 4, E antibody (anti-HBeAg or HBeAb), 5, core antibody (anti-HBc or HBcAb) and 6 core antigen. Because the core antigen is not easy to be detected in blood, the kit is not enough at present, leaving two pairs of semi-antigen antibodies, that is, the "two and a half" detection of hepatitis B, commonly known as "big three positive" is 1, 3 and 5 positive, while "small three positive" is 1, 4 and 5 positive. [6]
Third, the emergence and current situation of the employment dilemma of hepatitis B virus carriers
At present, there are two systems in China to regulate the personnel employment relationship. One is the civil service recruitment system; The other is to recruit workers in accordance with the relevant provisions of the labor law. Once an employee is hired, the employer [6] and the employee also constitute administrative personnel relations and labor legal relations respectively. When employing people, different employers have different requirements and procedures. In practice, although the practices of physical examination are different in different places and units, the situation faced by hepatitis B virus carriers when setting the threshold for physical examination in employers is the same: units with good welfare and great personal development potential, such as state organs, some institutions, large state-owned enterprises and most foreign companies, generally list "five hepatitis B items" as mandatory items. From the analysis of the physical examination standards of civil servants in various places, generally speaking, not only "Big Sanyang" and "Small Sanyang" are judged to be unqualified, but as long as the antigen is positive, it is unqualified. [7] This also means that if HBV carriers pass strict physical examination and assessment procedures, rather than "relationships", special recruitment procedures, or cheat in physical examination, it will be difficult for them to be employed by these units.
Hepatitis B virus carriers are misunderstood and treated unfairly in the process of employment. On the one hand, in the process of employment, because of its HBsAg positive, it was judged by the employer that its physical condition was unqualified and refused to use it, so its qualification to participate in labor was restricted. On the other hand, most carriers seek medical treatment after being refused employment, but they are often told by hospitals that they can participate in normal working life, get married and have children as long as they pay more attention to rest and personal health care and do not need treatment and medication. Some hepatitis B virus carriers are often puzzled by this contradictory situation. Because medical experts believe that they are in normal health and can take part in the work according to the doctor's advice, they are rejected by their employers in the process of employment.
According to the current medical research, it is difficult for hepatitis B virus carriers to turn negative by taking medicine, which means that they are likely to be lifelong carriers. For some carriers due to mother-to-child transmission, their blood carrying status, like their own skin color and gender, is an innate and lifelong feature. If state organs, large foreign companies and other well-known enterprises and institutions do not change the employment standards of physical examination as always, then carriers will never be able to work in these units for life, and their career development will be seriously restricted and restricted. If all employers follow suit and adopt this medical examination standard, then the carriers will be unable to find employment for life, and their right to work and survival will be out of the question.
Some people in the operator group admit that they are unlucky in this reality. Although they feel unfairly treated in society, they can only accept this reality and try their best to find possible employment opportunities. Even if the working conditions are extremely unequal to your own abilities, you can only make do with it. Some people may not be so open-minded about life. In the absence of medical treatment, their mental state can not be adjusted to normal, and even they want to end their lives, and their families are also troubled by this. Some people even blame their situation entirely on society and system. In the case of repeated setbacks, they got revenge in despair and turned to attack the society. The Chao case cited at the beginning of this article is a typical example.
The real case tells people that there is some tension between the labor subject and the administrative subject on the employment issue. It is clear to the beholder that even with a simple concept of justice, the carrier's employment dilemma can be seen as unreasonable. The current legal system should respond to some extent. In the protection of the carrier's basic employment rights, many tragedies and social problems have arisen due to the defects of the current legal system. Rights are the core content of legal norms and the key elements of legal relations. [8] The tension between the subjects of legal relations is inevitably the conflict and opposition between the rights of the subjects.
Fourth, the correct analysis behind the phenomenon?
Roscoe pound, a famous jurist, said: "Nothing in law is more difficult than rights." It is difficult to give an accurate and universal definition of rights. [9] The author of the word "right" in the Oxford Law Dictionary even wrote emotionally: "right-this is a word that has been treated rather unfriendly and overused." From the author's point of view, on the one hand, due rights are not respected, on the other hand, some rights are often abused. Due to the ambiguity of the content of rights, the field of rights has been violated or expanded unscrupulously. It is precisely because of this that the issue of rights has become the core issue in legal research.
(1) The basic labor rights of hepatitis B virus carriers are flawed when they are transformed into property rights.
The academic circles in our country generally adopt a narrow definition of the right to work, that is, the right to work is the right of citizens who have the ability to work to obtain employment opportunities and get paid according to the quantity and quality of labor. [10] The right to work is a part of the basic rights of citizens in modern society and an important part of human rights. [1 1] From the perspective of rights subjects, labor rights subjects include 1, Lao Quan subject (adjustment of labor law), and 2. Farmers, self-employed workers, civil servants and other workers who do not belong to the labor legal relationship.
From the content of rights, the right to work includes at least two aspects, and the most basic one is the right to choose a job. The right to choose a job refers to the right of citizens who have the ability to work and reach the age of employment to choose employers and participate in social labor opportunities in the labor market. The right to employment is the direct embodiment of the right to work, the most important and basic right to existence of citizens, and the foundation of all democratic political rights. [ 12]
The operation forms of legal rights include due rights, legal rights and realistic rights. There are a series of relations between legal rights and real rights. As far as the specific right subject is concerned, a legal right it enjoys can only be recognized as real right when it is realized. ? Citizen's right to work is a basic human right, which is clearly stipulated in Article 42 of our Constitution. However, in reality, the legal right to work will be flawed in the process of realization. [13] HBV operators, as citizens, enjoy legal labor rights according to law. The realization of the right to employment is the premise of the realization of other labor rights. The right to employment cannot be transformed into real right, and other labor rights cannot be discussed, nor can it be called "labor rights". In the process of transforming the legal employment right of hepatitis B virus carriers into property rights, there are two aspects: first, in terms of access to labor qualifications, certain employment standards are set through the "five items of hepatitis B" physical examination, and virus carriers are refused to be hired; Two, in the process of labor or personnel relations, the unit should organize a physical examination, if found to be a virus carrier, should terminate the labor or personnel relations.
The labor rights of hepatitis B virus carriers conflict with the rights of other subjects.
There are two reasons why legal rights cannot be translated into reality: one is the restriction of power; Second, the conflict of rights. In the final analysis, it comes from the conflict of rights. Power is a derivative of compromise between rights. The use of power is mainly to realize rights or claim one party's rights and deprive the other party's rights when rights conflict. [ 14]
Employers have the right to choose their own employees, so they can choose the best workers. The unit thinks that hepatitis B virus carriers are not excellent and will not be hired. Healthy workers can claim that if they work with HBV carriers, they may be infected and their health rights will be threatened. The administrative subject makes abstract administrative actions and restricts the employment of HBV carriers by formulating medical examination standards. Accordingly, the employment right of hepatitis B virus carriers is obviously in a weak position in front of strong employers.
Whether it is the right subject or the power subject, in the process of conflict with the employment right of hepatitis B virus carriers, they pursue a different treatment when examining hepatitis B virus carriers. The subject of rights and powers thinks that after the identity of hepatitis B virus carriers is confirmed by blood tests, their employment rights are different from those of other workers. The basis for making this difference comes from the judgment of blood type, not from the individual labor ability of workers. The reason for this different treatment has been widely criticized by the medical community. Rights and rights are equal, and rights are freely exercised within the framework of law. In the case of conflict, legislation or judicature needs to make value choices to prevent one party from stretching the other. However, whether the differential restriction of administrative power on rights is justified must be tested by constitutional empowerment.
(3) Is the right to reasonable differential treatment or equal employment violated?
There are innate differences between people objectively. Because everyone has the dignity demand of personality, he must enjoy equal rights in the formation of free personality. As an independent and free personality subject, law should treat abstract subjects or people in general equally in law. Usually expressed in law as the so-called "formal equality". Formal equality abandons people's differences in real life, and its starting point is to abolish the system of identity and privilege, require people to participate in free competition, and ensure people's equality at the starting point of various social activities, that is, "equal opportunity" or "equal opportunity". [ 15]
Formal equality aims at opposing unreasonable differences, while substantive equality must admit reasonable differences. Since there are many differences objectively in reality, it is unreasonable and unrealistic to completely ignore these differences in law and mechanically homogenize them. Therefore, substantive equality allows reasonable differences in some aspects and degrees. [ 16]
The existence of differential treatment is inevitable. Reasonable difference and equality are not contradictory, but what kind of differential treatment is reasonable? That is, where is the standard for judging the rationality of differential treatment? Fundamentally speaking, there is no unified, absolute and unique rationality standard in the world. Rational judgment is often concrete, and the embodiment of rationality in different affairs has extremely rich content and diverse connotations. Rationality standard is a compound standard system with consistent diversity. When the administrative subject treats the employment right of hepatitis B virus carriers differently, what kind of measurement standard should be chosen so as not to be considered as violating the principle of equal rights? Let's take a look at some experiences of western countries ruled by law:
1, focusing on theoretical standards-taking Germany as an example? The German Federal Court focuses on establishing the standard of differential treatment in theory. German courts are good at rational thinking and pay attention to the system. They believe that reasonable differential treatment should conform to the following five aspects: 1, and arbitrariness is prohibited. [17] 2. Legislators' rational decision. [18] 3. The essence of things. [19] 4. The concept of justice. 5, the principle of proportion. It includes three sub-principles: appropriateness principle, necessity principle and balance principle. [20]
2. Practice-oriented standards-taking the United States as an example.
Different from the civil law system, which emphasizes theoretical standards, American courts that pursue pragmatism usually choose one of three different levels or review standards to practice standards.
Traditional and reasonable basic standards. The constitution does not prohibit the government from classifying people, because it is difficult to make laws without classification; What is prohibited by the Constitution is the unreasonable classification that has no connection between the categories prescribed by law and the applicable government purposes. As long as there is a possible connection between the classification of legislators and the legal purpose, and the legal purpose can be realized, it has a reasonable basis for classification and meets the requirements of the principle of equal protection of the law. Opponents can advocate other classification standards, which can better achieve the purpose of the law than the standards adopted by legislators, but this opposition does not affect whether the law conforms to the principle of equal protection. Because the means to achieve the goal may be different, as long as the means chosen by legislators are not arbitrary, even if they are not the best means, they are within the tolerance range of the principle of constitutional equality. However, it is worth noting that the application of this standard is usually used to measure the constitutionality of legislation that infringes on industry and commerce, public welfare distribution stipulated by general laws, and social insurance interests. [2 1] ?
Strict auditing standards. It often requires the government to test when it shows the existence of government interests, and it is only applicable when it determines whether the law violates citizens' basic rights or involves the classification of doubts. The government must explain that there are "real government interests" and that "these measures are taken to achieve the predetermined goal, that is, to impose the least restrictions on the basic rights of the citizens involved". Under this standard, we should consider whether there are more suitable standards and less standards that affect personal interests. [22]
Medium standard. The degree of application of the above review criteria will change with the nature of discrimination and the severity of interference with basic interests. To sum up, the specific standard should be: 1. In the social and economic differential treatment, the standard is the traditional reasonable basic standard as long as the means and the purpose are reasonably related; 2. When differential treatment seriously interferes with the exercise of citizens' basic constitutional rights or involves suspicious classification, the means are necessary and the purpose is urgent-strict examination standards; 3. When differential treatment involves a quasi-suspicious classification-gender and identity, there needs to be a substantial correlation between means and ends-a moderate review standard.
(d) To analyze the inappropriateness of liver organ qualification standard in government medical examination regulations.
1993 14 In August, the State Council promulgated Article 26 of the Provisional Regulations on State Civil Servants: the physical examination items, eligibility criteria and related measures shall be stipulated by the recruitment authorities according to the job requirements. The provisions of this article are placed in the part of civil service examination and employment, and the competent departments with different needs for hiring civil servants are authorized to formulate medical examination standards for hiring civil servants.
1. Improper legislation authorized by laws and regulations.
According to Article 89 of our Constitution, the legislative power of the State Council comes from two aspects: 1. In order to implement the laws of the National People's Congress and its Standing Committee, administrative regulations or detailed rules for implementation may be formulated in accordance with the provisions of the law; 2. According to its functions and powers, the State Council can legislate independently on matters that are purely administrative and technical matters within the scope of the State Council. However, in China's legislative practice, the State Council usually authorizes a large number of ministries or local governments on matters related to administrative regulations in the form of legal authorization. This practice poses a considerable threat to the unity of law, makes the legal system confused and loses its logic, and has been questioned and criticized by many jurists. [23]
In the "Provisional Regulations on State Civil Servants", the competent authorities are authorized to legislate on the relevant norms of physical examination, which is also evident from the confusion of physical examination standards for liver organs of civil servants in various places, which is also worthy of questioning and criticism. There is no reference standard for the recruitment and physical examination of liver organs of civil servants everywhere, and there is no clear qualification limit for authorized organs. The competent department formulates projects and standards according to its own needs, and the "job requirements" mentioned in Article 26 does not give an appropriate definition. The result of authorization is that the competent authorities are arbitrary in specific operations, and the legislative power and the executive power are not properly separated, so the power will not be abused. What is most worth denying is that the confusion of the civil service recruitment examination norms has spread beyond the civil service recruitment system and has been imitated by many institutions and enterprises. The standards and items of physical examination in these units can not be followed. In the setting of standards, employers have absolute control, and the weak position of workers is obvious. These arbitrary medical examination standards deprive or violate workers' employment rights. The behavior of the government is usually regarded as legal and reasonable by the public, and it is not inappropriate for employers to follow the example of the government and set their own medical examination standards.
2. Legitimacy of rules and regulations.
When the competent authority formulates the medical examination items and standards for civil servants? The purpose of abstract administrative behavior is to make certain access norms for the qualifications of workers. The state requires that workers must have certain conditions when participating in labor legal relations and administrative personnel relations, and recognize citizens' labor ability in the form of laws and regulations, so that labor ability can be transformed into legal qualifications. Reasonable qualification setting includes four aspects: 1 and age standard. Different age standards can be set for different posts, and the lower limit standard is generally not less than 16 years old. For example, judges and prosecutors are required to be over 23 years old. 2. Physical standards. That is, health standards usually include three restrictions: a. disease. Employees in each post shall not suffer from specific diseases that are taboo or inappropriate for the same post. B disabled people can only engage in occupations suitable for their disabilities. C, female workers, underage workers taboo scope of work. The law defines these health standards as restrictive factors, and the starting point of its legislation is based on the purpose of protecting the restricted person, which coexists with the specific safeguard measures of the restricted person. 3. Intelligence standard. Such as mental health, cultural conditions, qualification identification, etc. 4. Standards of freedom of conduct. That is, whether citizens can freely control their own labor. [24]
It is necessary to set the items and standards of physical examination. Some categories of workers do not have the legal right to engage in specific positions. Specifically, in the standard setting of liver organ physical examination items, in order to better protect those who are restricted, combined with the requirements of labor posts, the qualifications of workers' liver organs can be restricted to a certain extent. Routine physical examination tests liver function to show the working condition of workers' liver organs. If the liver function index does not meet the health requirements, the worker is not suitable for work at this time and needs to rest and recuperate to restore the liver function to the normal index. The "five items of hepatitis B" test is used to identify the situation of hepatitis B virus carriers among workers. Even carriers, if they have no clinical symptoms, experts believe that they can still participate in normal work and life. Most carriers' hospitals suggest that they don't need treatment, just pay attention to their living habits and observe them regularly.
Judging from the precedent experience of extraterritorial law, the differential treatment of liver organ physical examination in the recruitment procedure of civil servants in China is 1, and the establishment and formulation of differential standards are exercised by administrative organs. There is no strict distinction between executive power and legislative power, and the exercise of power is quite arbitrary. 2. The standards formulated by the competent department did not refer to the conclusions of authoritative medical institutions such as the Chinese Medical Association, and did not conform to the essential characteristics of the carrier's labor ability, which was an irrational decision. The number of carriers in China has reached hundreds of millions. Using this standard to limit the employment rights of carriers has caused many realistic tragedies, and the concept of justice has obviously been trampled on. 4. The harm of the infectivity of carrier virus to the health rights and interests of other workers can be blocked and controlled by universal vaccine. The government can protect the health rights and interests of other workers in other ways, and the government should undertake more epidemic prevention obligations, rather than being borne by the carrier group at the expense of employment. The administrative decision of the competent authority does not fully weigh the interests of all parties, does not conform to the principle of proportionality, and lacks appropriateness. 5. Because the classification of problems by the competent authorities involves the labor rights of citizens, strict examination standards should be adopted. As previously analyzed, it is not the best choice for the government to restrict the right to employment because of its "government interests", and even there is a considerable degree of discrimination and indifference, and abstract administrative actions violate the principle of equality.
Verb (abbreviation of verb) Design of drainage channel
The current situation of the employment dilemma of hepatitis B virus carriers needs the response and relief of the system. How to eliminate the abnormal treatment given by society to hepatitis B virus carriers and protect the rights of a large number of hepatitis B virus carriers is an urgent social and legal problem. From the design of the solution, we should treat it with a systematic concept and formulate strategies in an all-round and multi-level way.
1, social relief-indirect way
The public's misunderstanding of hepatitis B virus carriers stems from the lack of medical common sense. On the one hand, the media and the medical profession should bear the responsibility of correcting their ideas; On the other hand, it has formed enough public concern for the vulnerable carrier groups, supported them, and told hepatitis B virus carriers with public opinion that society has not abandoned them and still has the strength to try to fight for their rights and interests. Let the carriers still have confidence in life and society, and will not go to the point of no return like Monday.
2, self-help, the design of litigation channels-direct way.
Hepatitis B virus carriers can claim their rights to the infringer through self-help and certain procedures when they are hired, hired or dismissed by the company. If an enterprise refuses to accept the dismissal, expulsion or dismissal, it may file a labor arbitration, and the arbitration committees of counties, cities and municipal districts shall be responsible for accepting labor dispute cases. Anyone who refuses to accept the arbitration decision of the Arbitration Commission may bring a lawsuit to the people's court. Hepatitis B virus carriers can also get possible relief through corresponding administrative procedures if they are in the process of recruiting civil servants. If you apply for administrative reconsideration to an administrative organ, you can of course bring an administrative lawsuit directly to the people's court. The people's courts shall try cases on the basis of laws and regulations and refer to applicable laws and regulations. That is to say, if the people's court thinks that the medical examination employment standards formulated by various places do not conform to the legal provisions and are not applicable, then the labor rights of carriers can be supported by the people's court.
It is feasible to realize self-help through legal arbitration, administrative reconsideration and administrative litigation procedures, but legal procedures are often time-consuming and laborious. Judging from the current judicial practice in China, it can only be regarded as an effort to remedy the rights by trying to conduct judicial review by the court and denying the effectiveness of the medical examination regulations of the competent authorities.
3. Administrative relief-the direct and most effective way.
It is the responsibility of the government to seek happiness for the people and maintain social stability and order. Physical examination standards issued in various places should bear the main responsibility for the employment dilemma of carriers. It is necessary for government departments to reflect on their own systems and responsibilities in a series of tragedies and come up with corresponding feasible measures. ?
3. 1 health administrative department. First of all, the health department should increase the government's investment in hepatitis B virus research and strive to break through this medical problem as soon as possible. Secondly, in terms of cutting off the source of infection and blocking infection, vaccination can be included in the comprehensive scope of the country, and corresponding compulsory plans can be formulated to ensure that the total number of hepatitis B virus carriers in China will decrease year by year within a long-term goal. [25] Reasonable prevention and popularization of hepatitis B vaccination is a powerful measure to fundamentally reduce the incidence of hepatitis. Last but not least, strengthen the examination and approval procedures of drugs for liver diseases, investigate and deal with some false advertisements for liver diseases and make some misleading publicity advertisements in conjunction with the administrative department for industry and commerce, and do a good job in reviewing the cleanliness of information. ?
3.2. Personnel Administration Department. Personnel departments should reflect on the rationality of these physical examination rules and regulations, listen to the authoritative opinions of medical experts, conduct on-the-spot investigations on the current situation, and make reasonable employment standards and norms for physical examination on this basis.
3.3, the labor administrative department. The labor administrative department is the administrative organ that manages labor legal relations. It is suggested that the Ministry of Labor formulate rules and regulations to standardize the examination of liver organs by employers. If the employer really has special requirements for the liver organs of workers in this industry, it shall explain the reasons and issue expert opinions through medical institutions with corresponding qualifications. This limits the autonomy of the employer to a certain extent, and effectively stops the abuse of rights.
4. Legislative remedies
Legislative relief includes two channels. 1, re-legislate. For example, during the two sessions in 2002, Zhou Zeng, a member of the medical and health CPPCC, and more than 20 CPPCC members jointly submitted a proposal on "protecting the legitimate rights and interests of operators". The National People's Congress Standing Committee (NPCSC) can consider including it in the legislative review. 2. Solve legal conflicts. According to the provisions of China's "Legislation Law", the National People's Congress Standing Committee (NPCSC) exercises the right to review laws and regulations. The way of review has changed from active review to passive review. If it is put forward by a statutory organ, a citizen or an organization and is in conflict with the Constitution and laws, it shall be submitted to a special committee for examination. There are two ways to distinguish them. Only the government, the two houses of parliament, the Central Military Commission and provincial-level localities can put forward requests to review illegal laws and regulations, and other state organs, social organizations, enterprises, institutions and citizens can put forward suggestions for review. There are different provisions on "requirements" and "suggestions". Unfortunately, by the end of 20001,no organ or individual had put forward any request or suggestion for reviewing laws and regulations to the National People's Congress Standing Committee (NPCSC). [26] HBV carriers can also put forward opinions and suggestions to the National People's Congress Standing Committee (NPCSC) on the medical examination regulations published by local personnel departments.
Sixth, the message after the paper.
Hepatitis B virus carriers, a group isolated by physical examination in recent ten years, have suffered unfair treatment in many aspects such as work, study, life and marriage, and the restriction of labor rights is only one of them. Judging from the formation and continuation of the employment crisis of hepatitis B virus carriers, law and medicine, as professional disciplines, should bear certain responsibilities for some improper connivance behaviors in society, because these two majors have not done much for the humanistic care of this special group. In the process of collecting materials and investigating and visiting for thesis writing, the author heard many touching real stories, and I couldn't help but feel sad when I was with their stories. Sadly, it is not only their experience, but also the improper operation of some aspects of our society. The legal protection of the rights of hepatitis B virus carriers is a systematic social project, which must be completed by mobilizing the whole country and society. I sincerely hope that more people of insight will pay attention to this topic and give this huge group more just love and care!