论体育强国战略下健康权的法治保障

体育强国战略下健康权的法治保障充分汲取“健康中国战略”与“全民健身战略”精粹,既切实保障个体健康权,又助力实现体育强国与健康中国协同并进发展的中华民族伟大复兴。健康是人类永恒的追求,通过对健康权进行国际法、人权法层面的学理溯源,从主体、内涵、权利属性角度界定体育强国战略下的健康权,并提炼出“以人民为中心”的法治理念。评析我国现行法律体系关涉健康权的立法现状及不足,指出健康权法治保障的路径构建体现在两个方面:一是从宪法及实体法层面完善体育强国战略下健康权保障的法律体系;二是从修订《体育法》《全民健身条例》、加快体育法律法规规章出台、细化体育政策制定、完善公共体育服务规范五个维度来优化体育视野下健康权的“软硬法”规范。

Legal Safeguards of Right to Health under Strategy of Building China into a Leading Sporting Nation

The legal safeguards for the right to health under the strategy for developing China into a leading sporting nation fully demonstrate the meaning of “Construction of a Healthy China” and “National Fitness Program”, which not only guarantees the individual’s right to health, but also facilitates the realization of the great rejuvenation of the Chinese nation, in which building a leading sporting nation and constructing a healthy China go side by side. Health is the eternal pursuit of the mankind. By tracing the source of the right to health from the perspectives of international law and human rights law, this paper defines what the right to health is under Strategy of Building China into a Leading Sporting Nation from the perspectives of subject, connotation and attributes of the right and holds that people-centered concept of rule of law ensures the values of the right to health. It also analyzes the legislative status and deficiencies of China’s current legal system concerning the right to health. The improvement of the legal safeguards for the right to health can be embodied in the consummation of the legal protection system under the Strategy of Building China into a Leading Sporting Nation from the aspects of Constitution of the People’s Republic of China and major substantive laws. Moreover, it is necessary to optimize the “soft and hard law” for the right to health from the view of sports through amending the Sports Law of the People’s Republic of China and the National Fitness Regulations, accelerating the promulgation of sports-related laws and regulations, refining the formulation of sports policies, and improving the norms of public sports service.