本书是国内第一本系统从伦理学的视角来研究医学法律的学术著作，综
合法理学、伦理学、医学法律和医学伦理学相关理论和研究，以辩证唯物主
义和历史唯物主义为基本方法，结合运用历史考察、比较分析、逻辑分析等
方法，探讨和分析中西方医学法律的伦理来源和伦理基础、法制生命伦理学
的原理和机制、中西方良法思想和医学良法的伦理标准、医学法律的伦理价
值追求等基本理论，从医学法律的伦理性研究、医学法律的伦理规范和医学
法律的伦理保障三重维度对医学法律的立法、执法、司法和守法过程中的伦
理问题进行了深入的分析和研究，旨在初步为中国医学法律的伦理研究理论
框架建构和医学良法之治提供一个基本的思路。
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目录
- 目录
第一章医学法律的伦理维度导论 ············································ 1
一、问题及其意义 ········································································· 1（一）从生命伦理学到法制生命伦理学 ········································ 1（二）法伦理学和法制生命伦理学 ·············································· 2（三）研究的意义 ··································································· 3
二、法律的伦理来源 ······································································ 6（一）关于法律来源的各种学说及评价 ········································ 6（二）关于法律来源的道德因素和历史事实 ·································· 8（三）契约论与马克思主义的法律来源观 ··································· 10
三、医学法律的伦理基础 ······························································ 13（一）西方医学法律的伦理基础 ··············································· 13（二）我国医学法律的伦理基础 ··············································· 16
第二章医学法律的三重伦理维度 ···········································21
一、德法关系模式的现代性转换 ····················································· 21（一）传统宗法结构下的德法关系模式 ······································ 21（二）西方法治主义下的德法关系模式 ······································ 24（三）现代性转换——建立社会主义市场经济条件下的德法关系模式 ······························································ 28二、法制生命伦理学的可能性 ························································ 30（一）医学法律与生命伦理是否存在必然的联系 ·························· 30（二）生命伦理能否对医学法律进行道德批判 ····························· 33（三）为什么必须要对医学法律进行道德批判 ····························· 35三、医学法律的三重伦理维度的具体内容 ········································· 37（一）医学法律的伦理性研究 ·················································· 37（二）医学法律的伦理规范 ····················································· 40
（三）医学法律的伦理保障 ····················································· 42
第三章医学良法的伦理标准 ·················································46
一、西方学者的良法思想及良法的伦理标准 ······································ 46（一）古代和中世纪的良法观 ·················································· 47（二）古典自然法学派的良法观 ··············································· 50（三）现代新自然法学派的良法观 ············································ 53
二、中国学者的良法思想及良法的伦理标准 ······································ 54（一）古代儒法“义利”之争中的良法思想 ································ 55（二）近代“趋时救弊”的良法观 ············································ 57（三）我国现代学者医学良法观的争论及出路 ····························· 58
三、当代中国医学良法的伦理标准 ·················································· 59（一）马克思、恩格斯、列宁的良法观 ······································ 60（二）毛泽东、邓小平、江泽民的良法观 ··································· 62（三）医学良法的伦理标准确立及“标准之标准” ······················· 65
第四章医学法律的伦理价值追求 ···········································69
一、医学法律“正义”的伦理价值追求 ············································ 69（一）西方“法律正义观”的历史演进 ······································ 69（二）马克思主义的法律正义观 ··············································· 73（三）医学法律正义的分类及关系 ············································ 74二、医学法律“秩序”的伦理价值追求 ············································ 77（一）西方“法律秩序观”的历史演进 ······································ 77（二）中国传统的法律秩序观 ·················································· 79（三）马克思主义的法律秩序观和市场经济的中国医学法律秩序 ····· 80三、医学法律“效率”的伦理价值追求 ············································ 82（一）法律效率观的历史源流 ·················································· 82（二）马克思主义的法律效率观和效率对中国医学法律制度的道德启示 ·························································· 85（三）医学法律的正义、秩序和效率的关系 ································ 87
第五章医学法律立法的伦理分析 ···········································91
一、医学法律立法的伦理正当性 ····················································· 91（一）医学法律立法权力的伦理合理性 ······································ 91（二）医学法律立法过程的伦理合理性——程序道德 ···················· 94
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（三）医学法律立法结果的伦理合理性——实体道德 ···················· 97二、医学法律立法的伦理规范 ························································ 99（一）医学法律立法主体的伦理立场 ········································ 100（二）医学法律立法者的道德限度 ··········································· 102（三）参与医学法律立法者的伦理要求 ····································· 103三、医学法律立法的伦理保障 ······················································· 105（一）医学法律立法的制度保障 ·············································· 105（二）生命伦理法律化及其限度 ·············································· 109
第六章医学法律执法的伦理分析 ········································· 113
一、医学法律执法的伦理正当性 ···················································· 113（一）医学法律执法权力的伦理合理性 ····································· 114（二）医学法律执法过程的程序道德 ········································ 116（三）医学法律执法结果的实体道德 ········································ 120二、医学法律执法的伦理规范 ······················································· 122（一）医学法律执法者的道德风险及要求 ·································· 122（二）医学法律执法的法律标准和道德标准 ······························· 123（三）医学法律执法者在组织中的道德自主性 ···························· 126三、医学法律执法的伦理保障 ······················································· 128（一）医学法律执法的道德教育 ·············································· 128（二）医学法律执法的制度保障 ·············································· 130
第七章医学法律司法的伦理分析 ········································· 134
一、医学法律司法的伦理正当性 ···················································· 134（一）医学法律司法权力的伦理合理性 ····································· 134（二）医学法律司法过程的程序道德 ········································ 137（三）医学法律司法结果的实体道德 ········································ 139二、医学法律司法的伦理规范 ······················································· 141（一）医学法律司法自由裁量权的道德风险及要求 ······················ 142（二）医学法律技术鉴定主体的伦理责任 ·································· 144（三）医学法律司法的法律标准和道德标准 ······························· 147三、医学法律司法的伦理保障 ······················································· 149（一）司法独立的制度保障 ···················································· 149（二）医学法律律师的道德保障和伦理责任 ······························· 150
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第八章医学法律守法的伦理分析 ········································· 155
一、医学法律守法的伦理正当性 ···················································· 155（一）公民遵守医学法律的理论分歧 ········································ 155（二）公民遵守医学法律的本质 ·············································· 158（三）公民遵守医学法律义务上升为道德义务的条件 ··················· 160二、医学法律守法的伦理规范 ······················································· 162（一）医务人员遵守医学法律的伦理责任 ·································· 162（二）患者遵守医学法律的伦理责任 ········································ 164三、医学法律守法的伦理保障 ······················································· 168（一）医学法律的守法精神培养 ·············································· 168（二）医学法律守法的伦理环境建设 ········································ 170
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