Study On The Legal Research On The Perfection Of Our Prison Medical Parole System

The system of medical parole is a long-standing system of penalty. Combined with China’s "Criminal Law","Criminal Procedure Law","Prison Law" and other relevant legal provisions concluded, the definition of medical parole refers to the case in which criminals sentenced to imprisonment and detention have serious illnesses that meet the legal requirements within the scope of medical parole, and the judiciary hospital cannot effectively prevent the deterioration of the disease, the guarantor according to legal procedures takes criminals from the place of detention to the social hospital for medical treatment. It is a special way of dealing with criminals and an important reason for the execution of the criminals. The system of medical parole, in line with the humanism, the international trend of broad and standardized punishment, reflects the international humanitarian spirit. In the course of the execution of the penalty, the application of the system of medical parole has played a positive role in safeguarding the rights of criminals, reducing prison pressure, maintaining supervision order and promoting the harmonious development of prisons. However, with the development of society, the progress of civilization and the change of international structure, people’s awareness of the strengthening of rights, laws and regulations inherent lag, irregular rules and regulations, law enforcement officers of the illegal acts , the benefits of insurance system in practice gradually conceal the benefits of its adverse effects. In recent years, there have existed cases endlessly to avoid the penalty for the purpose of illegal medical treatment. This special provision for the maintenance of the life safety of critically ill offenders has been made use of by some speculators as an umbrella to escape imprisonment and alteration, resulting in questioning the necessity of the existence of medical treatment by the majority of people. As a result, it has become a tool by some criminals to challenge the legal authority and an excuse for foreign hostile forces to question the lack of fairness and justice in our law. In addition to the problem of medical treatment related to the law enforcement officers and money which the news media is widely concerned about, in fact, there are many other problems of outside medical treatment worthy of attention. For example, some do not seek medical treatment; some die during the process of treatment; some escape supervision; some die immediately outside; relatives of criminals ask the prison to pay medical expenses and living expenses; and the information of prisoners during the medical treatment of the hospital is not accurate and so on. The existence of these problems reflects obvious shortcomings of outside medical treatment, causing many adverse effects in the judicial practice. As a result, there are aspects of the system of medical treatment needed to be modified and improved. As a medical workers in a prison center hospital, the author, working in the clinical department long-term, witnesses many criminals who die due to illness and struggle in the death line, and have a deeper understanding of physical and psychological damage to criminals. Whether it is from the point of view of the prison and the orderly operation in prison hospitals, or from the protection of criminal rights and interests, the existence of outside medical system plays a role that cannot be ignored. Therefore, the author summarizes the practical significance of the system of outside medical treatment,and its failure. Combining with the actual work of the prison hospital to analyze the actual case and investigate the relevant data , the author is to find out the specific causes of the problem, and learn from foreign practice, by improving the relevant laws and regulations, developing a unified and detailed medical practice standard, improving the insurance system for medical treatment, establishing good condition for medical treatment, reforming criminal security system, etc., trying to eliminate its defects and continuing to play its positive role.