Research On The Humane Execution Of Punishment For Old Patients And Disabled Persons

The execution of penalty is the last link of criminal justice.It is of great significance to hand over the effective judgment to the legal penalty execution organ.The effect of execution is related to the success or failure of criminal justice activities.Humanity has always been the core issue of criminal justice,and the degree of human nature has a direct impact on the effect of implementation.The elderly,sick and disabled prisoners are a kind of special criminal group in the object of penalty execution.At present,there are different regulations on labor reform,humanized life security,weekly medical treatment and incentive educational reform measures for old sick and disabled prisoners in our country,but it is suitable for the mixed detention of old sick and disabled prisoners.The low rate of commutation and parole and the lack of matching of the hardware and software facilities of the prison have increased the difficulty of execution and affected the development of humanitarianism and the effect of transformation of the punishment of old sick and disabled prisoners.Therefore,how to improve the enthusiasm of the elderly,sick and disabled prisoners,better reform,highlightthe humanitarian concept,is the most important thing to practice the basic criminal policy of combining leniency with severity.The author went to C Prison of C City,W Prison of Z City and C Prison of Z City of Hunan Province to make an empirical investigation.The author defined the criminals aged65 and over as elderly criminals.Meet the standard of seeking medical treatment outside the prison,but there is no significant improvement due to the absence of a insured or hospitalization for more than 3 months.Those with three or more levels of disability are sick and disabled criminals,and the connotation of humane execution of penalty is clarified,the relevant appraisal mechanism of labor ability of old sick and disabled prisoners is established,and the old sick and disabled prisoners are classified and detained.We should improve the provisions on commuting and parole for old sick and disabled prisoners,and improve the applicable rate of commuting and parole for old sick and disabled prisoners.We have invested more in the infrastructure of the prison,improved the professional level of prison guards,strengthened psychological education for old,sick and disabled prisoners,and enriched the construction of the team of psychiatrists.Perfecting the humane execution system of punishment for theelderly,sick and disabled prisoners is not only based on the consideration of the individualization of the old,sick and disabled,but also the development trend of the humanitarian principle of penalty enforcement.It is a sign of the progress of civilization by the rule of law.