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基本医疗权是公民最基本的医疗卫生权利,其内涵是及时、有效、公平、适当。国家应当从法律、社会经济等方面保障公民基本医疗权的实现,而我国目前相关法律规定的不完善和制度的不健全导致了基本医疗权保障的缺位。同时,基于避免权利冲突和维护公共利益的需要,权利应当受到一定的限制,尤其是在我国医疗卫生资源相对紧缺的国情下。在医疗体制改革进一步深入的背景下,公民基本医疗权的保障与限制与医改目标相一致,有了更深刻的现实意义。
The basic medical right is the most basic medical and health right for citizens, and its content is timely, effective, fair and appropriate. The state should guarantee the realization of citizens’ basic medical rights from the aspects of law, social economy and other aspects. However, imperfections in the relevant laws and regulations and imperfect systems in our country result in the absence of basic medical rights protection. At the same time, the rights should be limited due to the need of avoiding conflicts of rights and safeguarding the public interests, especially in the relative shortage of medical and health resources in our country. In the context of further reform of the medical system, the guarantee and restriction of citizens’ basic medical rights are in line with the goal of medical reform, which has more profound practical significance.