保外就医存在的问题与对策

发布时间：2018-05-13 03:05

本文选题：保外就医 + 问题　；参考：《湖南大学》2011年硕士论文

【摘要】：保外就医是指被判处有期徒刑在监内服刑的罪犯，患有法律规定的严重疾病，经法定程序批准暂予监外执行的一种刑罚执行制度。根据有关法律规定，办理保外就医必须符合法定条件和程序，即条件合法、程序合法、法律文书完备、交付执行规范、监管考察措施建立健全、保外条件消失收监执行有效方为合法。保外就医是我国刑罚执行的一项重要制度，也是一个敏感的社会问题。它充分体现了党和政府的人道主义刑事政策，在维护罪犯合法权益方面发挥了积极作用。但随着社会的发展，一些地方和单位由于法制意识淡薄，监督管理工作乏力，违法给罪犯办理保外就医的情况时有发生，损害了司法公正，滋生了腐败，使保外就医制度的执行发生了偏差，在群众中造成了不好的影响，影响了党和政府的形象。主要表现在以下几方面：一是执法不严，，违反法定条件和程序办理罪犯保外就医的占很大比例。二是漏管脱管严重。三是保外期限不明，多数存在一保到底。这些问题的产生既有执法层面的原因，也有立法方面的原因，亟待解决。保外就医制度自身存在缺陷，保外就医的鉴定、取保、审批、监督等环节也存在许多不足，只有仔细探究违法办理保外就医行为和保外就医罪犯脱管、漏管等问题产生的原因、现状，结合我国监狱工作的实际，提出适用我国国情的保外就医制度设计，弥补保外就医在制度上、立法上的不足，解决保外就医工作中存在的各种问题，为保外就医工作提供理论支持。只有这样，才能确保保外就医工作的顺利运行。
[Abstract]:Seeking medical treatment outside prison refers to a criminal who is sentenced to fixed-term imprisonment to serve his sentence in prison, who suffers from serious diseases prescribed by law, and is temporarily executed outside prison with the approval of legal procedure. According to the relevant laws and regulations, medical treatment outside the prison must comply with the legal conditions and procedures, that is, the conditions are lawful, the procedures are lawful, the legal documents are complete, the regulations are delivered to the executive, and the supervision and inspection measures are established and perfected. It shall be lawful to carry out the effective execution of the disappearance of external conditions. Seeking medical treatment outside prison is an important system of penalty enforcement in China, and is also a sensitive social issue. It fully embodies the humanitarian criminal policy of the Party and government and plays an active role in safeguarding the lawful rights and interests of criminals. However, with the development of society, due to the weak awareness of the legal system in some localities and units, the lack of supervision and management work, the illegal handling of criminals outside the prison for medical treatment has occurred from time to time, which has damaged judicial justice and bred corruption. The implementation of the system of seeking medical treatment outside the prison has been deviated, which has caused bad influence among the masses and affected the image of the Party and the government. The main manifestations are as follows: first, lax enforcement of the law, violation of the legal conditions and procedures for criminals in prison outside medical treatment accounts for a large proportion. Second, the leakage pipe is serious. Third, the duration of foreign insurance is unclear, most of the existence of a guarantee in the end. These problems are caused by law enforcement and legislation, and need to be solved urgently. The system of seeking medical treatment outside the prison itself has its own defects, and there are also many deficiencies in the identification, obtaining guarantees, examination and approval, supervision and other links of seeking medical treatment outside the prison. Only by carefully exploring the reasons for the problem of illegal handling of the behavior of seeking medical treatment outside the prison and the release of custody and leakage of the management of the criminal seeking medical treatment outside the prison, In the light of the reality of prison work in China, this paper puts forward the design of the system of seeking medical treatment outside prison, which is suitable for our country's national conditions, to make up for the deficiencies in the system and legislation of seeking medical treatment outside prison, and to solve all kinds of problems existing in the work of seeking medical treatment outside prison. To provide theoretical support for medical treatment outside prison. Only in this way, can we ensure the smooth operation of seeking medical treatment outside the prison.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.7

【参考文献】