Research On The Perfection Of The Medical Parole System

The medical parole system indicates that, the criminal who was sentenced to fixed-term imprisonment or criminal detention serves his sentence outside the jail after legal procedure, because of serious disease which leads to no fit for serving his sentence in jail. It has characteristics of object specifically, terms legally, places openly, times limitedly, procedure strictly, aims complexly, etc. The terms of the medical parole includes terms of disease, object, forbidding, having the guarantor, etc. The procedures include: Authenticate procedure, the examination and approval procedures, handover procedure, investigation procedure and direction procedure.The medical parole system was built for the sake of providing full guarantee of the criminal's rights of life and healthy, it is a system that has Chinese special features. The medical parole system has already circulated for more than 50 years in our country, it realized the humanitarianism criminal policy of the Party and government, and showed its positive effect in protecting the rights of criminal. However, along with the development of the society, some objective conditions changed, the defects of the medical parole system also presents gradually. Although after several modifications and complements, problems still exist. The problems mainly express in the procedures of pleading, authenticating, making guarantee, the examine and approving and going out, in addition, there are problems in the punishment term calculation and the direction procedure. The problems are not only origins of law enforcing but also of lawmaking, they need to be resolved urgently.The perfection of the medical parole system a very complicated work, which involves to the criminal court law, the jail law ,the medical parole regulation, etc. And it relates to the jail, hospital, police stations, procuratorates, etc. It requires laws and regulations matching properly, and the sections' moderating. Only then, the medical parole system can be guaranteed to smoothly progressing.