试论在押犯罪嫌疑人、被告人医疗权的保障

On the Security of Medical Rights of Suspects and Defendants in Custody

在押犯罪嫌疑人、被告人的医疗权保障是人权保障的重要内容。为了确保在押犯罪嫌疑人、被告人的医疗权利,针对目前存在的立法缺失、经费紧张、医疗权难以保障等问题,建议采取以下措施:一要单独立法,使在押犯罪嫌疑人、被告人的医疗权有法可依;二要改革目前在押犯罪嫌疑人、被告人享有的"免费医疗"制度,将其纳入国家的医疗保险体系;三要进一步完善监督机制使其医疗权真正落到实处。

The medical security of suspects and defendants in custody is an important part of human rights protection.In order to ensure the health care rights of suspects and defendants in custody,aiming at the problems existing at present related to lack of legislation,being short of fund and having some difficulties in securing the medical rights,etc.,the following measures are suggested to take：Firstly,separate legislation should be made so that the medical rights of detained criminal suspects and defendants can be enforced by laws.Secondly,the present＂free medical care＂system enjoyed by the criminal suspects and defendants in custody should be reformed and be brought into the state medical insurance system.Thirdly,the supervision mechanism should be further improved so that its medical rights can be put into practice.