The Punishment And The Relief For Criminals Suffering From Serious Illness (Including Pregnancy)

The laws and regulations ruling the criminals who suffer from the serious illnesses including pregnant women are in the special area. Special physiology and psychology of crime subjects lead to giving the same attention to the punishment for the crimes and the relief for criminals' rights. In order to protect rights of criminals suffering from the serious illnesses (including pregnancy), when those people are restricted on freedom there have defined clearly the protective measures in criminal and administrative laws in China. However, due to various reasons, the handlings of the criminals suffering from the serious illnesses (including pregnancy) in legal theory and judicial practice have shortcomings. The task of the study is as follows: By the expedition of the current situation of the punishment and the relief for the criminals suffering from the serious illnesses (including pregnancy) , the paper reveals the contradictions of the handlings of those criminals between rights protections and legal order, then analyzes the causes of the order maintenance and rights protections, lastly proposes the countermeasures to solve the contradictions between the two. In order to accomplish the task, the author uses the empirical research methods theory combined with practice method and comparative analysis method, and attaches great importance to the collection of the representative and specific cases, then reveals the shortcomings and the comparative analysis between punishment and relief by practice. The main content of the paper is as follows: By the expedition of the current situation of the punishment and the relief for the criminals suffering from the serious illnesses (including pregnancy).it is illustrated that because of the shortcomings and unclear supporting measures ruled by laws , it is the plight when the law-enforcement officers exercise the punishment of restrictions on personal freedom, therefore they can't apply the real punishment of restrictions on personal freedom of those criminals. Part of the criminals suffering from the serious illnesses (including pregnancy) deliberately use the provisions of humanitarian protection to avoid from the legal sanction, and commit crimes to violate others* personal and property rights, which not only destroy the social order, affect people's sense of security but also undermine the dignity of the law that make the values of law inadequately reflected. Since the criminals suffering from the serious illnesses (including pregnancy) have both objective difficulties and subjective vices, it is tough that those criminals complete the treatment of illnesses by their own efforts and support themselves and their family members who are incapable of work .Thus, in the course of handling those criminals there form the conflicts between rights protection and order maintenance, between punishment and relief. These conflicts can be resolved with the measures as follows: To construct series of safeguard mechanism, and to improve the legislations , social relief and assistance measures to maintain their right to survive and develop; In the aspect of order maintenance, to improve the legislative measures, and to pay the same attention to combat and prevention, and to make good policy arrangements, then to do comprehensive control.In the specific study, the author tries to put forward some new ideas as follows: 1,The specificity of the crime subjects' physiology and psychology leads to paying same attentions to the punishment for the crimes and the relief for criminals' rights. 2,The rights protection and relief for those criminals should not just stay the same level of these of the general criminals, but the focus is to protect their right to survive and develop.3,The purpose of the punishment and relief is to fulfill the laws' functions of punishment and education The goal of enhancing the relief for those criminals is to decrease the instabilities of the society, to protect more people's rights. To achieve the goal, it needs not only legislation improvement but also the policy arrangement and comprehensive control. The disadvantage of the paper is the issue how to assist those criminals isn't deeply discussed, which needs further improve.