Research On Protecting Medical Rights Of Criminals

The continuous progress of human society has made human rights issues more and more subject to the attention of the theoretical and judicial circles.For criminals,whether the right to medical care according to law directly relates to the effective protection of human rights.This dissertation focuses on the protection of medical rights of offenders.Under the guidance of relevant literature,through the analysis of the actual situation,it points out the problems existing in the practical process,and then explores the reasons for its formation,so as to better guide the development of practical activities.At the same time,on the basis of fully integrating the reform objectives and development status of the current domestic prisons,guided by advanced foreign theories and experiences,we will explore the countermeasures and suggestions for better protection of criminals' right to medical care.The first part mainly analyzes the academic community's discussion about the right to medical care,defines the concept of medical right,defines the specific content of medical right,and discusses the characteristics of time,universality,relativity,etc.Through the analysis of the concepts of medical right and right of life,right of the body,and prohibition of torture,the scope of medical rights of criminals is further clarified.The second part reviews the development history of the protection of the right to medical care for offenders in China and understands the achievements made in the protection of medical care.Through the investigation and research on the protection of the right to medical care for prisoners in a prison in Zhejiang Province,the author points out the problems existing in the protection of the right to medical care for offenders and criminals.The status of disease analysis is not timely,the medical funding is difficult to protect,the infectious diseases are difficult to prevent and control,the facilities and facilities of the prison medical institutions are poor,and the channels for the criminals' right to medical care are not adequate.The third part is to introduce the relevant provisions and common practices in the protection of the right to medical care of offenders in international law,and briefly introduce the practices adopted by the United States,Britain,France,and other countries in the protection of the right to medical care of offenders,and provide “Stones of Other Hills".The fourth part proposes concrete and feasible countermeasures for the problems existing in the protection of criminals' right to medical care in accordance with the current practice of Chinese prisons.In terms of legislation,it further elaborates the relevant provisions on the protection of criminals' right to medical care;in the setting up of prison hospitals,the prison will be The hospital separates from the business department of the prison to further purify functions;in the aspect of medical cost protection,it explores the medical expenses of criminals into the social medical security system;in the aspect of relief of medical rights,it establishes the system of criminal offenders and provides new services in administrative relief and judicial relief ideas.