On Problems And Countermeasures Of On Parole For Medical Treatment

On parole for medical treatment is a system of criminal punishments with whicha criminal sentenced to fixed-term imprisonment behind bars permitted to temporarilyserve his sentence outside prison when he has statutory serious disease. According tocriminal procedure law, applying on parole for medical treatment has to meet all thefollowing conditions: lawful conditions, legal proceedings, legal documents,normative handing over for execution and supervision control measures. The criminalshall be taken back to prison if above conditions disappeared or the criminal hasgravely violated the regulations regarding such release. On parole for medicaltreatment is also a sensitive social problem. It fully embodies the party andgovernment’s humanitarian criminal policy, and plays an active role on safeguardingthe legitimate rights of criminals. But with the development of society, for someplaces and units’ low law consciousness and weak ability to supervision control overjudicial work, they often caused on parole for medical treatment illegally. It damagedjudicial fairness and encouraged corruption, made some mistake in theimplementation of on parole for medical treatment system, which affected badinfluence among the public and worsened the party and the government’s image.Mainly manifested in the following aspects: firstly, law enforcement is not strict, theproportion of illegal on parole for medical treatment is large, that breach of legalrequirements and procedures; secondly, the leaking and out of control over theprocedure of the release on parole for medical treatment is serious; thirdly, the periodof on parole for medical treatment is not clearly, most are permitted to serve hissentence outside prison to the end. The causes of the problems not only lie in lawenforcement aspect, but also lie in the legislation aspect. The issue needs to be solvedquickly.Besides a brief introduction of on parole for medical treatment system, itprincipally analyses the defects of this system itself, including the appraisal, theapplication, the examination and approval and the supervision steps in the procedureof the release of on parole for medical treatment. To the present status of illegal onparole for medical treatment and its reasons, the paper makes research on the value ofthis system. Combined with the fact of our prison, it puts forward useful systemdesign, which comply with fundamental realities of the country, in order to fill upthe deficiency of on parole for medical treatment system and solve the different problems existing in such system, provides theoretical support for on parole formedical treatment.Only then, on parole for medical treatment can be guaranteed tosmoothly progressing.