The Study Of Compulsory Medical Treatment System For Prostitute

Compulsory Medical Treatment System means the prostitute must be tested venereal disease and get treated while public security organs wipe out prostitution.This system is based on three theories: human rights theory, social solidarism, and legal paternalism. In our country, the compulsory medical treatment system was first come out in 1877, and in 1991, it was confirmed as a law.The existence of compulsory medical system is necessary and reasonable in current statue. Its necessity is that venereal disease is highly infective and severely danger personal and public health, however, the main route of transmission is hard to be forbidden. It’s obliged to correct understanding perniciousness of venereal disease and significance of compulsory medical system for prostitute. It requires compulsory medical system perfection to control the venereal disease transmission and to guarantee the public health security. The system is also helpful to promote social development. The rationality is that the structure of compulsory medical system fits the Constitution, the Administrative Law and the needs of social assistance.There are several flaws in compulsory medical treatment system execution. On the legal basis aspect, legislative subject is not rigorous, the application of law is difficult, and the execution legal basis is faultiness. On the execution aspect, the execution is vulnerable, the collecting post is not well established, and the expenditure is intricate. At the same time, the supervision and relieve procedure is incomplete.Besides, the system is also has concurrence with the penalty of venereal disease transmission.In order to fit the compulsory medical treatment system better, it should be perfected. First of all, the legal basis should be perfected. It requires national legislation and basically same executive standers. Secondly, it requires reasonable conditions from both behavior aspect and medicine aspect. Thirdly, it requires reasonable different executive subject obligation, including public security organs,medical authorities, civil administration, financial department and others. Fourthly, it requires material insurance, and clear the source of expenditure and the place of compulsory treatment. Fifthly, it requires perfection of supervision and relief of compulsory medical treatment system. Sixthly, it requires supporting system for compulsory medical treatment system.