In a country under the rule of law，health should be positioned as the object of the state protection obligation，which not only highlights the task of protecting citizens’health but also guides the public power to rationally perform its duty of protecting citizens’health. With the advent of risk and the change in the factors affecting health in modern society，the state needs to implement comprehensive prevention to protect the health of citizens fully. As a result，while the health protection has improved，individual rights are subject to more restrictions，while the relationship between health and freedom has become increasingly tense. Under the background of constructing a healthy China，the administrative authorities need to break through the boundaries of the original police power while not giving up the basic requirements of administrative rule of law. The state should emphasize the subjectivity of individuals and respect that citizens are the first responsible persons for their own health，the justification of intervention measures should then be justified on this basis.