Legal analysis: the right to health refers to the right that natural persons enjoy according to law to maintain normal body functions and safeguard health interests. Physical and mental health is the premise of citizens' survival and normal civil activities, and it is also the basic right that citizens should enjoy as civil subjects. Infringement on citizens' organ health, physical health and mental health all constitute infringement on citizens' right to health. At the same time, due to the close relationship between health and citizens' lives and bodies, infringing on citizens' bodies and depriving citizens of their lives also constitutes an infringement on citizens' health. Generally speaking, there are two views in China's legal circles: one is the theory of physical health, that is, health only includes the perfect state of human physiological function, but not psychological function; The second is the theory of physical and mental health, which holds that health includes the normal operation of physical physiological functions and good spiritual transformation.
Legal basis: Article 104 of the Civil Law of People's Republic of China (PRC) stipulates that natural persons have the right to health. The physical and mental health of natural persons is protected by law. No organization or individual may infringe upon the health rights of others.