监狱预防与处置涉罪犯病伤亡纠纷策略探究——以最高法赔偿委员会33份国家赔偿申诉案件决定书为研究样本

Research on Strategies for Preventing and Dealing with Disputes over Criminals Injury,Ilness,and Death in Prisons——Using 33 Decision Papers of National Compensation Appeals from the Supreme Compensation Commission as Research Samples

近年来,涉及罪犯病伤亡的矛盾纠纷及信访诉讼日益增多。以2020年以来最高法赔偿委员会33份国家赔偿申诉案件决定书为研究样本,对案件基本情况和罪犯医疗与救治、殴打致伤亡、劳动中致伤残亡、监狱举证等焦点问题进行分析,提出预防与处置涉罪犯病伤亡纠纷的策略与建议。监狱应加强医疗资源建设和监社医疗协作,提高罪犯医疗保障水平;规范医疗全流程管理及证据保全工作;注重源头预防,促进民警执法规范化;坚持依法办理,积极引导诉求人申请国家赔偿;制定罪犯医疗标准和监狱刑事赔偿办法;开展理论研究,完善监狱补偿与司法救助制度。

In recent years,there has been an increasing number of conflicts,disputes,and petitions related to the illness,injury or death of criminals.Taking 33 decisions on state compensation appeals from the Supreme Compensation Commission since 2020 as research samples,this study analyzes the basic situation of the cases and key issues such as medical treatment and treatment of criminals,injuries and deaths caused by beatings,disability and death caused by labor,and prison evidence,and proposes strategies and suggestions for preventing and handling disputes related to criminals injury,illness and death.Prisons should strengthen the construction of medical resources and cooperation with medical institutions to improve the level of medical security for criminals;standardize the whole medical process management and evidence preservation;pay attention to source prevention and promote the standardization of police law enforcement;adhere to handling according to law and actively guide claimants to apply for national compensation;develop medical standards for criminals and criminal compensation measures for prisons;conduct theoretical research and improve the prison compensation and judicial assistance system.