罪犯保外就医法医学文证审查278例

Documentary Examination of 278 Medical Parole Cases

总结2006～2008年福建省长乐市检察技术部门所受理的278例"罪犯保外就医"文证审查案例,发现:看守所系统的不符合率明显高于监狱系统;在分系统疾病调查中,循环系统、神经系统以及各类传染病的不符合率明显较高。分析原因,可能为:保外就医审批渠道多,缺乏统一规范;鉴定标准陈旧,不符合当前形势;鉴定人适用标准不够严格;缺少鉴定人资质审查机制;鉴定程序不规范,管理混乱。建议从完善鉴定标准、强化审批管理、加强检察监督等方面规范、提高保外就医病残鉴定工作。

278 medical parole cases, which were examined by the technical department of People＇s procuratorate of Changle from 2006 to 2008, were summarized. It was found that the acceptability rate for detention houses was lower than that for prisons. In the analysis of disease system, the acceptability rate for circulation system, nervous system and different kinds of infectious diseases were significantly low. Reasons are as follows： First, regulations of medical parole were not uniform. Second, standards of examination were too old to meet the need of current situation. Third, standard of examination was not strict enough. Fourth, there lack of qualification mechanism for examiners. Finally, process and management mechanism of examination was not regulated. To solve these problems, measures such as improving examination standards, emphasizing examination and approval process, strengthening proeuratorate supervision and increasing forensic medical examination, should be taken.