论罪犯医疗权:以《监狱法》完善为视角

On the Right to Medical Treatment for Convicts:A Perspective on the Improvement of the “Prison Law”

医疗权是公民普遍享有的基本权利,罪犯群体享有与普通公民同等的医疗权利。但由于罪犯身份的特殊性,其医疗权利的同等性存在刑罚执行障碍与刑事人类学障碍。为了排除权利实现障碍,域外罪犯医疗权利保护存在两种可供借鉴的模式:英国模式与美国模式。我国罪犯医疗权利保护机制的完善可以在维持域内成熟制度的基础上,借鉴域外两种保护模式的有益经验:在立法层面,构建以罪犯医疗权利为核心的《监狱法》医疗制度;在司法层面,在立法模式的指挥棒下改善罪犯医疗权利的司法审查模式。

The right to medical treatment is a fundamental right enjoyed by citizens in general, and the convict community enjoys the same right to medical treatment as ordinary citizens. However, due to the special status of criminals, there are both penal enforcement and criminal anthropological barriers to the equalization of their medical rights. In order to remove the obstacles to the realization of rights, there are two models for the protection of the medical rights of convicts in foreign countries: the British model and the American model. At the legislative level, the medical system of the “Prison Law”, which focuses on the medical rights of convicts, should be constructed;at the judicial level, the judicial review of the medical rights of convicts should be improved under the baton of the legislative model.