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在全面推进依法治国的现实背景下,卫生法治成了一个重要的理论和实践命题。卫生法的全面深入推进是推动卫生法治的基本保障。卫生法是一个具有相对独立性的部门法,社会法是公法、私法之外的第三法域;卫生法以社会利益为本位、以“健康权”为权利基础,作为卫生法核心的医患关系具有典型的社会性,因此,从法域归属看,卫生法属于社会法;要用社会法的思维和价值取向思考卫生法问题,从维护社会健康利益的角度反思卫生立法、司法、执法及社会成员守法等问题。
Under the realistic background of promoting the rule of law in an all-round way, the rule of law in health has become an important theoretical and practical proposition. The comprehensive and in-depth promotion of health law is the basic guarantee for promoting the rule of law by health. Health law is a sectoral law with relative independence. Social law is the third law field except public law and private law. Health law is based on social interests, based on the right to health and the core of health law. The relationship between patients and patients is typical of society. Therefore, health law belongs to social law from the point of view of jurisdiction, and we should think about health law from the perspective of social law and value orientation, and reflect on health legislation, judicature, law enforcement and Community members abide by the law and other issues.