On The Perfection Of Medical Parole System

Medical parole as an important part of China’s prison system, is our country from theangle of protecting criminals the right to health and right to life based on established, not onlyembodies the humanism solicitude for criminals in China, is also in line with internationaltrends in the penalty increasingly wide, medical parole system since the establishment ofoffenders as well as regulatory order maintenance have played a positive role. But in recentyears, an increasing number of illegal medical parole cases surfaced, not only the necessity ofmedical parole questioned by people, the authority of law is also being challenged. Author LinChongzhong case attracted wide attention to analyze the current problems of the medicalparole system, pointing out that legal provisions do not sound medical parole system andstatus of each procedural flaws, the last foreign regulations, combined with the actualsituation in China by improving legislation, harmonization of approval authority andstrengthen inspection and supervision of specific programmes. With a view to perfecting themedical parole system and the efficacy of its deserved.The basic structure is as follows:First, the introduction first described the background of this thesis, then to explain themedical parole system concept, character and role, finally to the significance of research onthe topic, research methods and innovation of this paper was discussed.Second, Lin Chongzhong review of medical parole case. On Lin Chongzhong cases ofillegal medical parole was reviewed on the merits in this chapter summarized the medicalparole system reflected the problems in the present case. Lin Chongzhong due to abuse sinand bribery sin was sentenced to prison10years, but its bribery detention center personnelcollusion identification doctor issued false identification conclusions cheat released onmedical parole, in this a crime chain in the, regardless of Lin Chongzhong also is detentioncenter personnel also is identification personnel are exists fault, however incident hòu, courtexcept held detention center personnel of legal responsibility, only on Lin Chongzhong prisonExecutive, and for up to key role of identification doctor does not held any responsibility.From the legislative level and at the program level that the specific cause of this phenomenon.Third, from the case of Lin Chongzhong analysis of problems in China’s medical parolesystem. The author conducted a comprehensive legal analysis of the case of Lin Chongzhong. Based on the present in the practice of medical parole operations, said legal loopholes, mainlyfor lack of experts and legal liability of the guarantor, which are key factors in the success ofillegal medical parole, coupled with China’s medical parole credited during the term of thisprovision and more stimulating the offender’s chances. This author should be made clear thatlegal liability of expert witnesses and guarantors, constrain their behavior. In addition, byanalysing the procedural aspects of proposed medical parole decision processes should bereformed to strengthen cooperation and exchanges in various sectors, and strengtheninspection and supervision point of view.Four, perfecting the system of medical parole recommendations. Issues raised earlier inthis chapter, foreign regulations, by improving the possibility of medical parole systemprogramme. This chapter remains from two aspects. Legislation, improve the accountabilitymechanisms of the guarantor with the expert program, unified medical parole powers,strengthen exchanges and cooperation in various sectors, will be synchronized into thesupervision of procuratorial organs supervising, also play to the strength of the commonmedical parole system oriented on track.