A Study on Protection of Rights to Medical Treatment of the Prisoners in the Institutions of Correction.

• Main Authors: Tung-Shan Chiang, 姜東山
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/77054205414621164991

碩士 === 國立中正大學 === 法律所 === 98 === Chinese abstract in May, 2006, the Executive Yuan after all-around examines all the people health insurance present system, considers suggestion of the Executive Yuan two generation of health insurance planning group, and relies on the judicial yuan to release character 524th, the 533th related explanation meaning, proposed that “all the people healthy law of insurance revision draft” delivers the Legislative Yuan to consider, however this revision draft 12th was still the elimination provision, Ming Lie, in the correction institution meets receives punishment carries out above two months to accept the human, must is insured of all the people health insurance, i.e. elimination outside all the people health insurance medical care system. All the people health insurance essence handles the social security for the government, no matter the insured object the rich and poor, all may obtain fairly, the quality certain medical service, all the people health insurance system stipulates i.e. the country for the constitution to safeguard the national fundamental human rights the concrete practice, also for an overall country security, social system indispensable link. However from 1995 all the people health insurance launch until now, accepts the human still to remove by all the people health insurance in outside, is unable to enjoy of medical care the same level right, accepts the human freely to limit except the body, other constitutions safeguard the right, should not receive eliminates, the country will accept the person park by the civil rights strength to endure in the arbor press area inside the Great Wall, accepts the human the basic medical demand, is been of no concern to with the bodily freedom penalty of by the limit, should enjoy the society medical insurance safeguard similarly. Based on the fore-mentioned of unreasonable present situation, the present paper accepts medical service of present situation, all the people health insurance mental, the social justice justice the person with and so on stratification planes to discuss it, the time development of by the social power safeguard core idea, elaboration of by the right to subsistence, the Jiankang power and the medical human rights, expounded that carries out the healthy power the related legal principle theory of law and the correction institution present health policy and the medical measure permits the nature suitably, and proposed that in the future will repair suggestion of the law. This research use literature analytic method and the legal principle theory of law analytic method, will be related the literature to make a conformity analysis, so as to studies the subject to narrate, and verification of as each deduction. Another affiliation comparison test''s discussion, by the right to subsistence is a core, by the policy, the legal principle theory of law analysis of discusses all the people health insurance to accept the human to go see a doctor influence of the rights and interests. This research paper writes the goal to have three: First, the discussion accepts medical service of present situation the person, takes reference of the cognizant agency administration management. Second, the discussion under the constitution safeguard basic right, all the people healthy law of insurance elimination accepts artificial accepts guarantees the object, whether to conform with the legal principle theory of law to be just. Third, expounded that all the people health insurance to accepts necessity of the person, “all the people healthy law of insurance” will repair reference of the law as the future. This research discovery correction institution existing medical service resources serious insufficient, accepts safeguard of the person healthy power not to receive takes seriously, the healthy demand and the medical supplies existence serious dropping variance, accepts the human to accept into all the people health insurance system one of for improvement present situation plans, only the insurance premium pays and goes see a doctor the way is two big bones of contention, the department of health, the ministry of law, the social populace has the different standpoint respectively, only based on the fair just principle, accepts the human to accept guarantees the necessary expense with not to be obviously feasible direction of by the government sum total subsidy, the part subsidizes also has the difficulty, accepts the human to attach to the family member to take out insurance, regards its financial circumstance auxiliary to subsidize its should pay for, this should for feasibleDirection, but its abstention protects healing institute of option the surgeon to give the limit. All the people health insurance system will accept the human to remove outside all the people health insurance system, causes to accept the person healthy power to exercise receives the violation, the limit accepts the human to go see a doctor the rights and interests, inspected after the proportion principle, thought the department of health take accepts the human to go see a doctor, administrative work limits and so on payment as a reason, but will accept the human to remove outside all the people health insurance system, this must discusses the foundation elaboration legal principle theory of law of from the security, social system surface to agree, cuts into the legislation purely angle of by the administrative convenience, was the careless and indiscreet this long-drawn-out pass has accepted the life to save the health the significant subject. This research and proposed that six suggestions will develop the reference in the future as the correction institution: First, the enrichment basic unit medical service resources, the conformity constructs the local correction medical service system; Second, development correction medicine specialized system; Third, quotation specialized administrative personnels; Fourth, establishes the systematized information file; Fifth, establishment long range medical system; Sixth, as fast as possible accepts into all the people health insurance system. Regardless of the ministry of law by looks after accepts the person heart health, the safeguard to accept the human to go see a doctor the rights and interests, or guards the human rights, the maintenance axiom just cutting edge what kind of role, all should have drafted takes out insurance and goes see a doctor and so on to carry out the plan best, solicits support the legislative department, the coordinated department of health positively and so on related meeting, completes together in the duration repairs the law work, shows Taiwan human rights to found a nation the spirit.