| With the overall goal of comprehensively promoting the Rule of Law,deepening the reform of the medical and health system,and the increasing awareness of individual criminals’ rights protection,the protection of criminals’ medical rights is gradually receiving widespread attention from all walks of life.Protecting criminals’ medical and health rights in accordance with the law has become an important and critical part of current prison management.The protection of criminals’ medical rights is related to the criminals’ rights of life and health and the security and stability of the prison.How to guarantee and to what degree of protection is given has become a practical problem facing the prison administrations.China’s Constitution and Prison Law have clear provisions for the protection of criminals’ rights of life and health.The protection of criminals’ medical rights is the statutory function of prisons as a penalty enforcement organ,reflecting the state’s respect and protection of criminals’ human rights.However,with the progress and development of the times,on the one hand,there is a behind-time and deficiency of protection of criminals’ medical rights in prisons.There are many inadequate and unreasonable aspects in terms of institutional settings,staffing,system construction,funding sources,ward management,etc.On the other hand,there is a disconnect between the criminal medical security and the social medical security system.To a certain extent,the criminals’ medical rights also have the problem of excessive protection.In addition,there are many policies that lack uniform standards and scales in actual implementation.Based on this,this study takes A Prison in Jiangsu Province as the research object,studies the status of criminals’ medical rights protection by case analysis,comparative analysis and investigation research,based on the domestic and foreign theoretical exploration and research results,combined with China’s fundamental realities and prison work practice,pointed out that there are practical problems in the current protection of criminals’ medical rights in China,such as low overall protection level,single source of medical expenses,prominent ethical problems in the doctor-patient relationship,and low efficiency of medical parole.And analyze the cause of the problems and propose specific countermeasures,such as strengthening the construction of prison medical personnel,improving the level of medical informatization in prison,accelerating the socialization of criminal medical security system,and establishing a mechanism for the treatment and supervision of medical parole. |
