Study On The Improvement Of Medical Parole System

Medical parole refers to the probation system carried outside the prison in which the execution of criminals,who are sentenced to life imprisonment or fixed-term imprisonment or criminal detention but due to suffering from serious illness and under the premise of no risk to society are not suitable for execution of the criminal punishment in places,is approved by China's judicial departments.For China's probation system,medical parole is the indispensable part of it.Starting from the criminals'point of view,medical parole is a humanized judicial system aiming to protect their health and survival.Its setting reflects the judicial department of our country shows respects for life,and it also conforms to the increasingly lenient attitude towards punishment in the world.Since our country set up and implemented medical parole system,it has achieved good results in the maintenance of the order of supervision and promotion of the transformation of criminals.But with the development of society and perfection of the laws,parole system has increasingly more and larger defects,whose deficiencies are in its approval,authentication,bail,supervision and some other aspects.Therefore,The Regulations of the Temporary Execution Outside Prison issued in October 24^th,2014 by Supreme People's court,the Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of Justice and the State Health and Family Planning Commission substituted Procedures to Implement Criminal Medical Parole which had lasted for more than 20 years since1990.The Regulations of the Temporary Execution Outside Prison has filled some gaps in our country's medical parole execution system,especially involving the he court and the Department of health into the system.Furthermore,some major changes in Medical Parole Range of Serious Diseases effectively ensure the implementation of the system of medical treatment.It provides medical parole with the new direction of development,new channels and new carrier and lay a good foundation for the improvement and implementation of China's medical parole system.But after careful inquiry into The Regulations of the Temporary Execution Outside Prison,it is not difficult to find probation that the seemingly perfect medical parole system in fact has its loopholes appearing one after another.With the practice of the attorney forensic's document examination of medical parole,the paper analyzes imperfect legislation of China's medical parole system,perfects the current criteria of Medical Parole Range of Serious Diseases in order to provide a reliable basis for the identification,in the meanwhile,sets up rigorous appraiser system,improves and makes up for system where there is no warrantor,discusses how to strengthen China's procuratorial institutions research around the supervision and other issues,and improves loopholes existing in medical parole to make it into good play.