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公共卫生规制以保障公共健康为宗旨,追求“最大多数人的最大(健康)幸福”。故而,公共卫生规制必然涉及对个人权益的限制:可能是对个人人身自由、身体权以及隐私权等人身权益的限制,也可能是对个人(或经济组织)契约自由、财产使用自由等经济自由的干预。但是,公共利益的优先性并不能成为限制、克减个人(或经济组织)权益的当然理由。因此,在公共卫生规制中,何种情况下得以采取何种措施来限制个人权益以维护公共利益,如何实现公共利益与个人权益的平衡,就成为公共卫生规制中无法回避的难题。探析并建构公共卫生规制的基本伦理原则与法律原则成为解决这一难题的首要任务。
Public health regulations to protect public health as its purpose, the pursuit of “the greatest majority of the (health) happiness ”. Therefore, the regulation of public health necessarily involves the limitation of individual rights and interests: it may be the restriction of personal rights and interests such as personal freedom, bodily right and privacy, or the freedom of personal freedom such as the freedom of contract of individuals (or economic organizations) and the freedom to use property Interventions. However, the priority of the public interest can not be a natural justification for restraining and derogating the rights and interests of individuals (or economic organizations). Therefore, in the public health regulation, what kind of measures can be taken to limit the rights and interests of individuals in order to safeguard the public interest, how to achieve the balance between public interest and individual rights has become an unavoidable problem in public health regulation. To analyze and construct the basic ethical and legal principles of public health regulation has become the primary task to solve this difficult problem.