Research On The Issue Of Medical Treatment System In China

Medical treatment is an important part of the system of temporary probation,in the process of execution of punishment has played a positive role,but there are also some problems in practice.The author,on the four main problems in judicial practice: the examination and approval system is not perfect and the right to cause the problem of unclear nature,condition identification of independence is not strong,there is the problem of external interference,medical treatment during the term calculation,community correction effect and social supervision is ineffective,etc..These problems have greatly hindered the smooth implementation of the medical parole system,affecting the social cognition of medical parole system,should be properly resolved.Through the analysis on the provisions of medical parole and typical case,summed up the research on medical parole system in the examination and approval authority,condition identification,sentence calculation,community supervision and social supervision and other aspects of the problem.Combined with the experiences and lessons in the medical treatment process,on how to make up for the loopholes medical parole system,promote the implementation of the system more fair and effective,in-depth thinking,put forward some proposals.The proposed unified medical parole approval authority,eliminated by the court,prison,public security organs of the three "three powers" phenomenon;introduced the judicial authentication institution of criminal serious disease identification,maintaining the authority and independence of identification;suggestions for medical treatment is not included in the term during the medical treatment of disease regression simple and convenient the treatment purpose;and enhance the community correction effect and social supervision of a number of recommendations.Hope the thoughts and suggestions on medical parole problems,to further standardize and improve the medical parole system to provide a reference,to promote this system in our country in the process of execution of punishment play a better role.