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为适应社会法制建设的需要,本刊从本期起开办《医与法》栏目。我国根本大法《宪法》规定了公民享有生命健康权,这是我们一切医疗卫生事业的出发点和归宿点。为了保障公民的生命健康权,作为我国基本法的《民法通则》、《刑法》,都具体规定了相应条款。全国人大常委会制定了《医师法》、《献血法》、《传染病防治法》等一系列单行卫生法。为保护患者和医疗机构及其医务人员的合法权益,正确处理医疗事故,国务院发布了专门的行政法规《医疗事故处理条例》。此外,卫生部还发布了一些规章。这些法律、法规、规章,明确规定了医疗机构及其医务人员和患者的权利与义务,是调整医疗行政法律关系和医疗民事法律关系、保障医患双方合法权益的有力武器。本刊开办《医与法》栏目的目的,就是采取理论联系实际、法律联系案例的形式,大力普及卫生法律知识,以便医患双方自觉学法、懂法、用法,学会依法尊重对方的权利,依法履行自己的义务,依法保护自身的合法权益,促进我国医疗卫生事业的健康发展。欢迎广大医务人员和法律工作者踊跃投稿!
In order to meet the needs of social legal system, this issue from this issue to start the “Medical and Law” section. In our country, the fundamental law of the country stipulates that citizens enjoy the right to life and health. This is the starting point and the destination for all our medical and health undertakings. In order to protect citizens’ right to life and health, as the “General Principles of Civil Law” and “Criminal Law” of the basic law of our country, they all stipulate corresponding provisions. The NPC Standing Committee has formulated a series of health laws on a single line, including the “Physician’s Law,” the “Blood Donation Law,” and the “Law on the Prevention and Control of Infectious Diseases.” In order to protect the lawful rights and interests of patients and medical institutions and their medical staff and properly handle medical accidents, the State Council promulgated the “Regulations on Handling Medical Accidents”, a special administrative law and regulation. In addition, the Ministry of Health also issued a number of regulations. These laws, regulations and rules clearly stipulate the rights and obligations of medical institutions and their medical personnel and patients. They are powerful weapons for adjusting the legal relationship between medical administration and medical and civil laws, and safeguarding the legitimate rights and interests of both doctors and patients. The purpose of opening the column of “Medicine and Law” is to take the form of combining theory with practice and legal connection, vigorously popularize the knowledge of health law so that both doctors and patients can learn the law, know the law and use it well, learn to respect each other’s rights according to law, Fulfill their obligations according to law, protect their legitimate rights and interests in accordance with the law and promote the healthy development of China’s medical and health undertakings. Welcome to the general medical staff and lawyers actively submit articles!