Request for instructions on purchasing medical equipment in county hospitals

Y is paid by the state finance, and criminals should be treated in time when they are sick, which embodies the superiority of the execution system under the socialist system. This is not only the concrete embodiment of the prisoners' right to personal health, but also the prison law 1994 1994 promulgated by the state in February has no detailed provisions on how to treat them, which leads to many gaps in the specific law enforcement activities in prisons. For example, how to treat criminals with serious diseases in time and how wide and far the treatment road is are all problems that prisons often encounter. The families of criminals also put too many demands on the prison. When a felon's illness meets the conditions for medical treatment on parole, he deliberately disagrees with the guarantee in order to make the prison pay for medical treatment on parole, and monitors the treatment attitude and behavior of the prison during the nursing process, so that the prison cannot enter the parole procedure, and the supervisory organ also has consequences. Even though criminals can be released on bail for medical treatment, many guarantors have no sense of responsibility, fail to perform their obligations, and do not really play a protective role. The current law does not stipulate the legal responsibility that the guarantor should bear, and it is impossible to investigate the fault responsibility of the guarantor, which leads to the guarantor's name in name only and brings many problems and difficulties to medical treatment on parole. It is suggested that the national legislative department or the prison administration department, in conjunction with the relevant competent departments, make specific and operable provisions on the treatment standards of criminals as soon as possible; It is stipulated that the legal responsibility of the guarantor of the criminal who is released on medical parole can be investigated according to law, and it is determined that the prison shall exercise the right of investigation and prosecution suggestion in this case, that is, the place where the prison is located shall exercise its jurisdiction, which can not only guide the prison to standardize the treatment of felons, but also solve the problem of law enforcement difficulties in medical parole activities. [Keywords:] prisons, felons, and criminals released on parole should be treated in time when they are sick, which is a concrete manifestation of the criminal's right to personal health. Sensible reasoning is moral, and it is clearly stipulated in the law. Therefore, this is also a very serious content in the whole law enforcement activities of prisons. At the same time, in the process of prison law enforcement since the founding of the People's Republic of China, many criminals' lives and injuries have been treated in time because of the correct implementation of the relevant provisions of the law, which reflects the superiority of the execution system under the socialist system. However, in the process of treating individual injuries, we often encounter the problems of what medicine to use, what equipment to use and what hospital conditions to live in, but the conditions of medicine and equipment in the planned economy era are similar, and the contradiction is not too prominent. When China gradually transits from a planned economy to a market economy, the price of drugs, equipment renewal and high-tech investment are different for the same disease, the equipment invested is different, the level of hospitals is different, and the price and expenses are different, even very different. 1994 12 the prison law promulgated by the state [1] also does not specify in detail how to carry out treatment. As a result, there are no specific methods and standards for prison law enforcement activities. This can easily lead to law enforcement disputes and confusion. For example, how to treat criminals with serious diseases in time and how wide and far the treatment road is are all problems that prisons often encounter. Because the policy is not specific, the system is not standardized, there are many gaps in specific law enforcement, and the families of criminals also put forward too many demands on prisons, and the regulatory authorities tend to shirk the consequences. Prisons often face many helplessness, so it is urgent to clarify the relevant standards as soon as possible. One: What is the standard of treatment for criminals? "Criminals are criminals of the country. If they are sick, they will be treated in that country (prison)." This is the tradition and common understanding of prisons and prisoners. But what is the standard of treatment for criminals with serious diseases in prisons? Is there an upper limit? If the treatment conditions in the prison are limited, the prison will generally transfer the criminals to the county-level social general hospital for treatment first, and once they go out for treatment, the prison will be a little "involuntary", because the medical department will only issue a certificate of transfer to a higher-level hospital when they are powerless, and will not agree to take them to a lower-level hospital or to take them back to prison for treatment. Some criminals are even tougher. If you don't give us a good medical treatment, we will sue you in prison. When the prison has no clear laws and regulations as the basis and guarantee, it will be passive everywhere. At any time, there is a danger that offenders and supervisory organs will be held accountable. For example, Wu Moumou (robbery, 4 years in prison, 25 years old), a criminal in Xuchang Prison, our province, suffered from bilateral pulmonary cavity tuberculosis (later found to be HIV-positive) when he was admitted to prison in June 2003. The prison ruled that the criminal was socially dangerous according to the scope of disability of paroled criminals [2] and Yu Jian Jian Jian Fa (2000) No.32 document [3]. Wu was treated in the prison hospital immediately after he went to prison, and his condition improved for a time. However, on May 25, 2004, the prisoner's condition became more and more serious. The prison sent him to Xuchang Tuberculosis Hospital for treatment and transferred him to Xuchang Central Hospital for treatment on June 6. I have received emergency care in ICU for many times. Wu spent about 8000 yuan before going to ICU, and spent 1000-2000 in ICU every day. Relatives of criminals are very strict in supervising the treatment of prisons and have a tough attitude. If it is an ordinary patient in society, the family members of the patient can go home without treatment; If our prison police are sick, hospitalization must be at their own expense; If a citizen has no unit, no medical insurance or is in a unit with financial difficulties, his medical insurance cannot catch up with this criminal. Social patients have many feelings about the medical treatment of criminals, which is extremely unbalanced and incomprehensible. Is the prison a "welfare home"? This may not be illegal, but it seems to be obviously inconsistent with social justice and moral standards. According to Yu Jian (1999) No.22 document of Henan Provincial Prison Administration [5], the current standard of medical expenses for prisoners in provincial industrial prisons is 10 yuan per person per month; And it is the minimum standard. But even if the standards can be raised and not lowered, the financial funds are limited. In order to ensure the normal operation of prison medical and health work and protect the medical rights and interests of most criminals from infringement, there should be clear restrictions on the treatment of criminals with difficult and critical diseases. Even the veteran cadres and the old revolution in our society have stipulated what is at their own expense, what is at public expense, and what medical equipment and medical means cannot be used. For example, if they are all drugs to save heart disease, the cheap injections may be more than ten yuan, and the expensive and imported injections may be as high as several hundred yuan and thousands of yuan. The hospital can choose any medicine, but the endurance of the prison will exceed its endurance. If the length of service of our police is less than 10 years, the proportion of free medical treatment is only 70%, and the proportion of approved drug reimbursement will be reduced by 10%. In addition, according to (1997) Wei Ji Zi No.637 document issued by the Ministry of Health, the Ministry of Finance and the State Labor Bureau [6], there are detailed provisions on self-funded drugs in public medical care. The Measures on Issues Related to Prison Health Work issued by the Department of Justice and the Health Department of Henan Province in document [6] 1995 (17) stipulates: "When necessary, the prison may invite medical experts from local city and county (city) hospitals to come to the prison for consultation on difficult diseases, and the local city and county (city) health administrative departments shall actively coordinate. This shows that prison treatment is the basic principle of criminal disease treatment, even for critical and difficult diseases, prison consultation should be the basic principle. After a prison diagnoses a prisoner in a social hospital and forms a treatment plan, it shall put the prisoner in prison to carry out treatment activities. However, recently, in the process of treating a tuberculosis criminal in a city prison in our province, he was treated in prison and social hospital successively, but the criminal eventually died in prison. After the death of the criminal, the prison leader was investigated for criminal responsibility by the procuratorate for suspected dereliction of duty. In this regard, we think this is an abnormal state. Faced with the double attack of prisoners, prisoners and regulatory authorities, it is very passive to stand in different positions and angles and have different explanations when the law is not clearly defined and the standards are not specific. At present, this situation is very serious. Although the prison is surrounded by prisoners, prisoners and society, the prison still lacks due self-protection. The extraordinary efforts to investigate and deal with human rights violations in society have suddenly left prisons in a state of being at a loss and unable to cope. The incorporation of human rights into the constitution is the progress of social and political civilization, which makes the responsibility of the state to protect citizens more clear. However, medical parole, a legal measure based on humanitarian principles, has suddenly changed from an "emperor's daughter who is not worried about marriage" to a "dusty woman" who has been pointed at and found fault. Faced with such a situation, the prison as a law enforcer is really in an awkward position. Therefore, in terms of standards and procedures for treating felons, it is urgent to form clear regulations or systems in the following aspects. 1. Under what circumstances do I need to go to a social hospital for treatment? 2. What is the highest level and condition of the hospital? What if the hospital where the prison is located cannot be cured, and the hospital or the criminal's family proposes to transfer to a hospital with better conditions outside the prison? Is it necessary for illness or is it allowed for relatives of criminals as long as they contact the hospital? Restricted or unrestricted? If there are no restrictions, how to clarify the approval procedures? 3. Should there be a proportion of prisoners' own medical expenses? If the proportion and items of prisoners' own expenses are determined, how can they be guaranteed in implementation? If criminals don't cooperate, can the treatment of criminals clearly stipulate conservative treatment in prisons? 4, prisoners taking drugs or using inspection and treatment equipment should be developed at their own expense; 5. Whether it is necessary to limit the time for criminals to seek medical treatment on parole (this is related to factors such as monitoring police force and safety); 6, the treatment of serious criminals can be charged to the superior finance. And so on, the national legislative department or the prison administration department should make specific and operational clear provisions as soon as possible in conjunction with relevant authorities. Second, the dilemma of the felon being released on parole for medical treatment, 1, the guarantor problem. When a felon's illness meets the conditions for medical treatment on parole, the prisoner deliberately refuses to accept the guarantee in order to make the prison pay for medical treatment on parole, and supervises the prison's treatment attitude and behavior towards the prisoner during the nursing process, so that the prison cannot enter the procedure for medical treatment on parole. For example, Bai Moumou, a prisoner in our prison, entered a critical state due to sudden cerebral hemorrhage and limb paralysis during his education in prison, which met the provisions of Item 7 of the disabled range of paroled criminals. From agreeing to bail pending trial to suddenly refusing bail pending trial, the relatives of white criminals reneged and expressed their understanding. I have to pay for it myself, and you can treat me in prison, otherwise I will regret it and lose it. When the relatives of the white prisoners finally agreed to get bail, the prison had no choice but to spend part of the treatment expenses on the prisoners released on bail. Family relations outside the prison are covered up by financial interests and law enforcement confusion. In the absence of institutional norms in law enforcement, prisons can easily be "led by the nose." As long as the six aspects listed in question 1 are conducive to the specific operation of the prison, the crime is "inorganic" and there is no "reason" to poke, this difficulty can be easily solved and broken through. Prisons will not be afraid of law enforcement mistakes and will compromise. At the same time, the legal responsibility of the guarantor of medical parole has to be raised again here. In the "Notice on Strengthening the Management of Prisoners' Medical Parole" issued by the Central Political and Legal Committee (1996) [7] No.30, the fifth question specifically pointed out: "The guarantor is irresponsible. The guarantor shall be responsible for the management, restraint and guarantee of criminals released on medical parole. "However, many guarantors have no sense of responsibility, fail to perform their obligations, and do not really play a guarantee role. The current law does not stipulate the legal responsibility that the guarantor should bear, which leads to the guarantor's existence in name only. If a criminal released on bail is out of control or commits a crime again, the guarantor thinks it has nothing to do with him, which is the same as whether he is released on bail or not. The guarantor's fault responsibility can't be investigated, which brings many problems and difficulties to the medical treatment on parole. Unfortunately, in the new criminal law of 1997 [8], the legal loopholes pointed out by the Central Political and Legal Committee in 1996 have not been remedied in time, and there are still many problems and difficulties until today. Six copies of the Guarantee for Prisoner's Parole for Medical Treatment signed by the sponsor and the prison stipulate the sponsor's six guarantee responsibilities, including "I am willing to bear legal responsibility if I fail to perform the above guarantee responsibilities". We believe that although the guarantor is a criminal, he is a citizen in the full sense. As long as he is insured, he has already fulfilled the responsibility of supervising criminals with the judicial organs. As the supervisor of a specific criminal, the guarantor is the subject with supervisory responsibility in the legal sense. If a criminal is out of control, missing or commits another crime, he shall be investigated for legal responsibility according to the actual situation of the guarantor on the charge of suspected dereliction of duty causing the detainee to escape or cover up. The Prison Administration of our province, together with the Provincial People's Procuratorate, put forward a clear request to the Supreme People's Procuratorate, suggesting that the legal responsibility of the guarantor should be investigated according to the above understanding, and that the prison should exercise the right of investigation and prosecution suggestion, that is, the place where the prison is located should exercise jurisdiction. As long as the judicial interpretation is formed, the practical and legal loopholes pointed out by the 1996 Central Political and Legal Committee in employment can be quickly filled, and many problems and difficulties in medical parole can be better solved. 2. Whether criminals with social dangers can be released on parole for medical treatment. For the above-mentioned Wu criminal, the judgment court decided that it was necessary to put him in prison for execution just because he was socially dangerous. According to the facts of the crime and other circumstances, the prison believes that the reasons for the court to put it into prison to implement the decision are not sufficient. There are still differences in the understanding of laws and regulations at the grassroots level about whether the disease can be treated outside the hospital when it meets the conditions for medical treatment. The Supreme People's Court stipulates that there are three situations in which the people's court decides to temporarily execute outside prison. As long as one situation exists, the people's court can decide to temporarily execute outside prison. (a) there is a serious illness that requires medical parole; (2) Women who are pregnant or nursing babies; (three) life can not take care of themselves, the application of temporary execution outside prison will not harm society. See Fa Shi (1999)No. 1. From this point of view, the situation (1) is not subject to the situation (3), that is, the situation (3) certainly cannot deny the situation (1). Paragraph 4 of Article 2 14 of the Criminal Procedure Law is the content of situation (3). However, in practice, the court may be unwilling to make a decision to temporarily execute the sentence outside prison because of unloading the burden and shirking the responsibility, and the prison is even more unwilling to refuse. Because if the refusal of the prison is based on the disease, then the court will be responsible for the identification of the disease and the long-term temporary execution outside the prison. The first paragraph of Article 2 14 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that "those who need medical parole due to serious illness" may be temporarily executed outside prison; The second paragraph stipulates that "criminals who may be socially dangerous apply for medical parole, and they will not be released for medical parole"; At the same time, the third paragraph further stipulates that "if a criminal does have a serious illness and must be released on parole for medical treatment, the hospital designated by the provincial people's government shall issue a certificate and examine and approve it in accordance with the procedures prescribed by law". This is another breakthrough in the restrictive content of the second paragraph, which embodies the rigor and rationality of the legal logical structure. Therefore, even if the criminal may be socially dangerous, as long as the illness is necessary, the prison can of course start the medical parole procedure according to law. In order to be serious and prudent, and to clarify the specific responsibilities, the third paragraph also stipulates that "a paroled criminal who does not meet the conditions for medical treatment on parole or seriously violates the provisions on medical treatment on parole shall be put into prison in time", which puts forward stricter requirements for probation activities in prisons. Therefore, if there may be social danger, as long as the prisoner is seriously ill and must be released on medical parole, the prison has the legal right to start the medical parole procedure, which is not limited by the corresponding decision of the court when the prisoner enters the prison. The provisions in Article 2 of the Measures for the Execution of Prisoners' Release on Parole for Medical Treatment issued by the Ministry of Justice, the Supreme People's Procuratorate and the Ministry of Public Security 1990 are consistent with the principles in Article 2 14 of the Criminal Procedure Law of People's Republic of China (PRC), and there is no contradiction or contradiction. To sum up, for criminals with serious diseases, prisons should have a comprehensive and specific standard when implementing treatment, so that the legitimate rights and interests of criminals can be guaranteed by law. We can't make a big difference in the treatment of prisoners because of the economic conditions of prisons, nor can we make a big difference in the treatment of prisoners and criminals because of their soft and hard attitudes. Therefore, it is very urgent and necessary to determine the various factors mentioned in the question 1 and form a system or regulation, so that everything can be standardized and implemented according to law. This can not only guide the standardized treatment of felons in prisons, but also solve the difficult phenomenon of law enforcement in medical parole activities. At the same time, this is also the concrete embodiment of the requirements of the legalization of prison work in the construction of "three modernizations".