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人的健康是人生存及正常生活的前提和基础,更是每个公民理应享有的一项基本人身权利。而随着社会的发展,人心的躁动,侵害他人健康权的案件频繁发生。究其原因,不仅包括健康权法律地位的不明确,对侵害他人健康权的行为处罚轻,也包括当事人的法律意识不强等原因。本文首先会通过列举若干侵犯健康权的案件,进而指出这类案件频发的原因,即健康权在法律上存在的漏洞,最后提出完善健康权的建议。
Human health is the precondition and foundation for the survival and normal life of a person. It is also a basic personal right that every citizen deserves. With the development of society, people’s restlessness, violations of the right to health of others frequently occur. The reasons include not only the unclear legal status of the right to health, the light punishment of the act against the right to health of others, but also the weak legal awareness of the parties involved. This article first lists several cases of violations of the right to health and then points out the reasons for the frequent occurrence of such cases, that is, the legal loopholes in the right to health and finally puts forward suggestions on improving the right to health.