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卫生法学是法学适应医学发展的现实需要,在不断诠释、应答卫生法律问题的过程中衍生自法学族群,并日益摆脱其束缚向独立学科发展的应用法学的边缘学科。卫生法学作为一门医法“交叉互融”的新兴学科能否健康、可持续发展,最终演进成一个独立的法学分支学科,显然绕不开“学科属性”这一带有全局性的根本问题。究其“医”与“法”的姓氏,“门户”的清理、法律属性为何均是阐释“卫生法学”是什么的前提;其所孕涵的卫生法学学科性质又是生成卫生法学理论体系、基本原理所必须。卫生法学涉及医学和法学两个学科,其独特的理论体系取决于对“卫生法”在法律族群中的特质、内在规律的揭示、“医”与“法”交叉互融的“方法论”的创新。
Health jurisprudence is the discipline of jurisprudence that is adapted to the actual needs of medical development and is derived from the legal community during the process of constantly interpreting and answering health law issues and is gradually getting rid of the marginal disciplines of applied law that are bound by its own discipline development. Health law as a medical law “cross-integration ” emerging disciplines healthy and sustainable development, and ultimately evolved into an independent branch of law, apparently around the “subject attribute ” with the overall The fundamental problem. What is the prerequisite for explaining what the “medical law” and “medical law” are and what the legal attributes are? The nature of the subject of health law It is necessary to generate the theoretical system of health jurisprudence and the basic principles. Health jurisprudence involves two disciplines: medicine and law. Its unique theoretical system depends on the discovery of the inherent laws and laws governing the “health law” in the legal community and the cross-blending of “medical” and “law” “Methodology ” innovation.