Research On The Protection Of The Old,Sick,Disabled Prisoners’ Medical Rights In China

In recent years,with the expansion of aging population in China,and a large number of economic criminals are no longer sentenced to death penalty and sentenced to suspended execution of death penalty or life imprisonment,resulting in an increase in the number of prisoners who become old and sick because of the long term sentences.At the same time,the situation of crimes committed by disabled persons is more common.The above situation makes the supervision and reform of the old,sick and disabled prisoners,especially medical rights of the above-mentioned persons gradually becoming one of the focuses of social concern.Objectively speaking,although nowadays with the continuous progress of socialist democracy,the rule of law in China and the rapid development of social economy,the level of prison medical security has been greatly improved.But the current prison medical treatment in our country has not been clearly positioned,and the issue of the realization of prisoners’right on medical security lacking clear and specific standards are still prominent,especially the old,sick and disabled prisoners often faced with the poor physical health,more vulnerable emotions,and the higher possibility of death due to old illness and disability.Therefore,as the main place for reforming criminals,prisons,while is qualified in strengthening the education and reform of prisoners,should make a clearer distinction of priorities and do a better job in the medical security work of the elderly,sick and disabled prisoners,so as to safeguard the medical security rights of the prisoners mentioned above.Prison and law enforcement departments at all levels should fully realize that the medical security work in prisons,especially for the elderly,disabled inmates,is also an integral part of the socialist prison law enforcement.Effectively safeguarding the medical security rights of prisoners,especially the elderly,sick and disabled prisoners,is of great social and practical significance to the realization of the purpose of penalty in China and to the maintenance of social harmony and stability.In view of this,this thesis takes a prison in Fujian Province as the research perspective,based on the analysis of relevant prison medical cases,analyzing the existing problems and reasons in safeguarding the medical security rights of the elderly,sick and disabled prisoners in China,and discusses how the prison law enforcement departments should effectively safeguard the medical security rights of the elderly,sick and disabled prisoners.In addition to the introduction,the thesis mainly consists of following four parts:The first part elaborates the theoretical and social significance of safeguarding the medical security rights of the elderly,sick and disabled prisoners.It has at least the following theoretical significance to safeguard the medical security rights of the elderly,sick and disabled prisoners:to further study the penalty theory;to further explore the value orientation of modern prisons;to make improvement in constructing the theoretical system of modern prison medical security.Its practical significance is embodied in the following aspects:it is conducive to effectively safeguard the legitimate rights and interests of prisoners;it is conducive to crack the crux of the elderly and disabled prisoners and reducing the rate of recidivism;it is conducive to reduce the supervision of medical accidents,improving the quality of medical treatment and reform of the elderly and disabled prisoners,and maintaining social harmony and stability.The second part is to analyze the current situation and characteristics of the medical security rights of the elderly,sick and disabled prisoners in China.Although the medical rights of the elderly,disabled and disabled prisoners in China are basically guaranteed,and the protection of this right is mandatory,it also manifested the issues of incompleteness,specificity and passivity of medical rights of the mentioned group,to be specific,the realization of the prison medical security rights of the elderly,disabled and disabled prisoners is very limited.The third part discusses the dilemma of guaranteeing the medical security rights of the elderly,sick and disabled prisoners and its reasons in China.Based on empirical research,it is not difficult to find that there are still many difficulties in the realization of the right of medical security for the elderly and disabled prisoners in China.The reasons include at least the following aspects:imperfect systems;lack of confidence in prison law enforcement;inadequate supervision of the right to medical security for the elderly and disabled prisoners;lack of advanced and scientific medical equipment in prisons;lack of prison medical staffs.The medical level is insufficient;the prison medical security system is defective;the prison medical socialization is obstructed,especially in safeguarding the medical security rights of the elderly,sick and disabled prisoners.The fourth part discusses the idea of safeguarding the medical security rights of the elderly,sick and disabled prisoners.To effectively safeguard the medical security rights of the elderly,disabled and disabled prisoners,we should start from the following aspects:promoting the improvement of relevant legislation;building the prison medical security system;building the supervision system to safeguard the medical security rights of the elderly,disabled and disabled prisoners;updating and transforming the prison medical equipment;improving the medical level of prison medical staff;and scientifically implementing penalties to safeguard the medical care of the elderly,disabled and prisoners;Strengthen the cooperation and linkage between prisons and society in safeguarding the medical security rights of the elderly,sick and disabled prisoners.In this way,the old,sick and disabled prisoners will be treated and nourished,and they will be educated,reformed and transformed into people who no longer endanger the society,and become people who are beneficial to the society.