During medical treatment, Lin Dong had his own prison sentence of Tianjin court.
2002, less than 20 years old Lin Dong found guilty of robbery, affray jailed for 16 years imprisonment when he was in good health. Today, the 31-year-old Lin Dong right leg because of lower extremity arterial embolism caused by disability, long surgical scar extends from the lower abdomen to the right wrist. Lin Dong believes that during his illness, Tianjin Prison repeatedly delayed their treatment, resulting in serious consequences. After 2010 granted medical parole, Lin Dong Tianjin Prison legal proceedings.
At the same time, Heihe City in Heilongjiang Province, the Intermediate People's Court in similar cases together. Ren prison inmates sued the delays in treatment lead to blindness, the court Zhang Rensheng complaint.
Ren Lin Dong's case became a hope, but the road of litigation Lin Dong did so smoothly. Tianjin three People's Court rejected Lin Dong eleven prosecution on the grounds that the prison authorities for the execution of punishment, does not belong to the scope of administrative litigation accepted. So the case has always floundered on procedural issues. August of this year, Lin Dong submitted to the Supreme Court Chief retrial.
During suffering from severe sentence
After medical treatment, Lin Dong and parents rented in Tianjin outer ring outside a cell with two bedrooms room. "The main room is a fancy thick radiator, Lin Dong's legs can not get cold, but the old house had no heat." Lin Dong's father, Dong Chung said.
Lin Dong's house only a simple bed and cupboards, boxes of drugs are on the table, where there are "only for clinical research use," the study drugs, so can save some of the expensive drugs.
Lin Dong's father also suffered from high blood pressure, nearly two geriatric, family and parents by guaranteeing a pension to live on. Lin Dong's mother diagonally across the Tianjin area every day, doing housekeeping supplement the family income.
To prevent leg blood poor, Lin Dong is not sedentary or long standing, walking crutches while only come from the other side of the room. Taking into account that he is still serving their status, Lin Dong did not directly interviewed, but took from his father.
Lin Dong was born in 1982,http://www.xyxfw.cn/forum.php?mod=viewthread&tid=434304&extra=, in 2002 for robbery, affray, was sentenced to 16 years of court. Dong Chung could not say now then in the end his son what specifically do, just know that the son had just graduated from vocational high school age kids everywhere and a few prank until the last incident.
December 18, 2002, Lin Dong by Tianjin newborn hospital examination, without any disease,http://www.74566.com/home.php?mod=space&uid=13473, divided into Tianjin prison a prison area. April 24, 2003 has assigned four prison area to engage in productive labor, the same year in May specifically assigned to four prison districts and four detachments radiator corrosion processes, work continued until the second half of 2006.
Lin Dong antiseptic agents responsible for filling the radiator inside, and then on the radiator of the baking. Because the work environment to be exposure to toxic chemicals, prison inmates to provide a simple gas masks and rubber gloves.
Although there is no direct evidence that Lin Dong morbidity and working environment, but still believe in Dong Song, Lin Dong long-term exposure to toxic and hazardous materials, it may be the onset of incentives.
August 2006, Lin Dong site often feel chest pain and heart area, and chest tightness, shortness of breath, palpitation and other symptoms, went to the prison hospital in Tianjin, electrocardiogram, the doctor said tachycardia. When Lin Dong second treatment,woolrich cordura, heart rate reached 140 beats per minute, but the doctor still considered harmless to health. Until February 2009, Lin Dong found with his right foot,prix doudoune moncler, foot, foot tendon pain, right leg long two knots, followed by examination confirmed Lin Dong suffering from lower extremity arterial thrombosis.
Far away in Heilongjiang with Lin Dong Ren also like tortured disease. Files show that Ren was sent in 1997 Phoenix Hill Prison in Heilongjiang Province Supervisor District 11, labor reform in the quarry. May be due to the relationship between powder dust,http://www.8liuxing.com/home.php?mod=spacecp&ac=blog&blogid=, serving the second year, Ren eyes started swelling, vision continues to deteriorate. After several rounds of treatment, rescue, Ren in July 2003 to accept the right enucleation surgery, left after shrinking blindness, has been identified as a disability.
Lin Dong and Ren's experience is similar, within the next two years, he has ten times hospitalization, surgery seven times. April 2011, the Tianjin CDPF review finds that Lin Dong for three disabled. If disease progression, at any time could face amputation.
Inpatient surgery 10 times 7 times
Let Lin Dong and Ren difficult to accept that during the illness, the prison of their illness enough attention.
Ren started swelling in the left eye, many times to the prison clinic to find a doctor,air jordan pour fille pas cher, just let him simply washing with brine,airjordanpascher, the results also followed his visual acuity decreased. After repeated delays in treatment, in July 2003, Ren-eye cornea perforation, the eye congestion,woolrich femminile, had surgical removal of the eye,prezzo scarpe hogan, the left eye shrink, leaving him blind. Phoenix Mountains Ren-eye treatment in prison are no course record.
Since August 2006, after the initial discovery of symptoms, Lin Dong and has not been allowed to referral treatment. February 2009, Lin Dong leg pain, in the prison hospital could not find the cause, but more intense pain, thigh groin Director of the pimple. Lin Dong control "human knowledge Manual" suspects, their disease is gout, collagen body disease and lower limb arteries, the prison hospital replied, "Do not blind to see medical books, easy obsessions, all right." In Lin Dong request, the prison hospital gave him painkillers, but refused him transferred.
Eight months later, the newly appointed prison warden found Lin Dong fine leg than the left leg, right big toe and second toe purple, Lin Dong was only go to Tianjin newborn hospital, doctors diagnosed disease,woolrich torino, in turn Lin Dong turn to Tianjin First Central Hospital for treatment, this time is mid-October. The cost of the surgery because the problem, the prison did not let ie hospitalization, but to Lin Dong back to prison, while the consultations and their families from the issue of sharing of medical expenses.
In Lin Dong father around to borrow money, to advance most of the medical expenses, Lin Dong officially admitted in mid-November, Tianjin First Central Hospital, admission diagnosis of right lower limb arterial embolization. November 20, Lin Dong accepted the "right femoral artery abdominal aortic bypass graft surgery", that is to his legs to pick up some artificial blood vessels, to replace the original right femoral artery.
December 9, prisons require Lin Dong discharged when the wound has not completely healed. According to family members photographs, Lin Dong approximately 5 cm lower abdominal wound like a baby's mouth open like. Medical records show, Lin Dong "abdominal wound did not heal," "fresh wound granulation now ...... peril automatically discharged." When doctors told discharged to continue dressing the wound taxpayers precautions.
2:00 the same day, Lin Dong on condition deteriorated, legs pale, cold, numb,http://www.chinaeo.cn/home.php?mod=space&uid=21479, and accompanied by the leg, foot pain after. 10:00 exactly met the families of the time, Lin Dong told the parents to the disease, so only one night after discharge, Lin Dong and was sent back to a city center hospital, diagnosed as artificial blood clots. Medical records showed that "16 hours before admission, the patient feels right lower extremity numbness, with foot pain, without treatment, pain-free remission and gradually increase." The hospital in critical condition notice, Lin Dong was subsequently transferred to intensive care and underwent surgery again the next day.
"Wound has not healed, you worry people discharged from hospital, which is why?" This unconventional discharged,http://bbs.cnyzhj.com/forum.php?mod=viewthread&tid=44059, after being repeatedly filed Dong Chung.
Since Lin Dong initial surgery, vascular surgery requires maintenance infusion to maintain, so doctors prescription request, once every two weeks to review a blood test and ultrasound, once every month and a half was lost, in order to ensure that vessels will not be blocked. But Dong Songlin said Lin Dong each review, the infusion should be delayed a week or so, leading to Lin Dong condition constantly repeated. In February 2010, due to the condition did not improve, Lin Dong third hospitalization. The doctor told May 1 again hospitalized, but Lin Dong actual admission date is May 28.
October 28, 2010,moncler pas cher chine,http://www.x5115.com/thread-812989-1-1.html, Lin Dong approval by the Tianjin Bureau of Prisons medical treatment, to November 2 to get the approval of the Executive, the day out of the prison gates, Lin Dong sixth admitted to Tianjin First Central Hospital. From November 2009 until early August 2011, Lin Dong in the 23-month period in hospital ten times the size of the operation has experienced seven, his family described him as "severely."
Reporters tried to contact Tianjin prison, but has failed to get a response. Pleadings in the administrative proceedings, Tianjin Prison believes prison within the scope of management of Lin Dong were positive,http://www.answers.tw/node/8#comment-9586847, according to the treatment, has to fulfill their obligations.
Sued the prison was rejected three times
Lin Dong Ren-case life and the intersection of Heilongjiang province in 2011. Then Lin Dong sick at home, Dong Song years working in a computer store delivery, spare rub business computer access, want Soso what ways can for his son to have a say, when he found Ren case.
July 2006,moncler 2013, Ren released from prison, then a lawyer to Phoenix Hill Prison in Heilongjiang Province to apply for compensation. Prison reply, said it had instructed the relevant departments to investigate the problem of Ren, but refused compensation. Judicial appraisal, Ren was blind, is a disability. 2007, Ren filed administrative proceedings, requesting the court to confirm the Phoenix Mountains prison healthcare administrative act does not fulfill the law requires prisons to give 420,000 yuan compensation. May 11, 2010, Heilongjiang Heihe City Intermediate People's Court, complaint, two support all claims court.
Tung Chung to contact Ren's attorney SURVEYING AND commissioned him on behalf of Lin Dong accountability Tianjin prisons.
2011, Lin Dong bring an administrative lawsuit in Xiqing District People's Court, requesting the court finds that non-compliance with the Tianjin Prison healthcare administrative act as illegal, and to obtain compensation.
Tianjin Prison think that prison is a national penalty enforcement authorities, the prison administration of Lin Dong, alteration, health care, medical treatment, etc., is to manage the behavior and law enforcement prisons, does not belong to the scope of executive compensation. Lin Dong claim, by way of an application for state compensation should be.
Xiqing District People's Court ruling also believes that prison is the penalty executive organ of the state, Lin Dong the Prosecution, is the administration of justice in criminal behavior prison sentence as the executive organ of the inmates management process produces, the act controversy generated, does not belong to the scope of administrative proceedings by the case. Therefore, the court dismissed Lin Dong prosecution.
Lin Dong and lawyers appealed to the Intermediate People's Court of Tianjin, hoping the second instance court to revoke the trial court ruling confirms prison lazy illegal behavior therapy, and to give Lin Dong compensation. SURVEYING AND lawyers believe that the prison has the nature of judicial and administrative authorities, "People's Republic of China Prison Law" belong administrative areas, the prison has as an administrative lawsuit accused the main qualifications. Prison authorities have executed a double penalty and administrative functions, according to "People's Republic of China Prison Law" Article 54 inmates to perform the functions of health care is to be administered.
But Tianjin Intermediate People's Court is still in prison for criminals to manage behavior is "criminal justice act", "by the case does not belong to the scope of administrative litigation People's Court" as an excuse, the court rejected the appeal. Subsequently, the Tianjin Higher People's Court rejected Lin Dong's retrial.
In 2010 concluded Ren case, the Court finds that the prison authorities have dual functions of judicial and administrative, its implementation can be divided into acts and administrative acts of the Executive penalty acts of daily life are executed criminals involved in living in management should be part of the executive management. Prison medical institutions, health facilities,woolrich store milano, criminal life, health system, etc., should belong to the prison administration behavior, rather than punishment execution behavior.
A similar case, in Tianjin and Heilongjiang got two different results, which makes Lin Dong and SURVEYING AND a lawyer is not understood. "Case hit a few years, the program issues yet to be resolved." SURVEYING AND lawyer said.
Prison is not the executive?
Chinese Administrative Litigation Law, the scope of actionable and non-actionable are clearly set out the scope of the provisions of style, but there are still gaps in the heart of the delicate situation between the two prisons that fall into this column. And our country is not the case law, the Supreme Court was not informed Ren case precedents, just as a local case, can not become a reference to the jurisprudence of Tianjin court cases.
China University of Political Science Professor Liu Xin and Wang reached the Supreme Court administrative tribunals coauthored "Several issues Administrative Defendant qualification", also discussed the issue of prison administrative proceedings as defendant. Shen Liu believes that the legal mandate of the prison does not define as a judicial act, as the Justice Department's executive Prison Authority set up internal organs, so this management can be understood as administration, should bear administrative liability.
In addition, he believes that the prison based on "Prison Law" the exercise of authority, it is clear from its terms of laws or administrative regulations, rather than explicitly authorized the Criminal Procedure Law. Management of offenders in custody custody of the behavior in nature is an administrative rather than a criminal justice acts behavior.
"In other countries, the prison is indeed an administrative unit that can bring an administrative lawsuit, but in the country,giacche woolrich outlet, the nature of the prison could not be clearly specified in the law." Director of the Constitutional and Administrative Law Research Center of Peking University JiangMingAn said, "theoretically possible prison proposed administrative proceedings, but according to our law, the lack of a clear basis. "
Agencies and detention centers, prison authorities and their staff, "the State Compensation Law," "Criminal Compensation" section provides that "the exercise of the investigation, prosecution, adjudication authority in the exercise of powers have assault and battery, one of the following circumstances, the victims have made the right to compensation, "the actual prisons classified as judiciary. But the relevant provisions only "torture or to assault, abuse and other acts or abetting, indulge others to assault, abuse and other acts causing bodily injury to or death of citizens",tiffany lugano, etc. can apply for compensation, coverage is too narrow.
"Administrative Procedure Law" Article 11 provides that "an administrative organ to fulfill the protection of personal rights, property rights statutory duties, the executive refuses to perform or fails to respond to an administrative litigation." JiangMingAn believes that this provision, in appropriate cases, can be used as the prison administrative proceedings basis. The plaintiffs sued the prison may also be considered superior judiciary, such as the Bureau of Justice.
But the fundamental nature of the problem to solve prison, you also need national legislation further clarified.
Although do not understand these delicate legal issues, Tianjin People's Court ruled that the three are very disappointed, in August of this year, Lin Dong insisted submitted to the Supreme Court Chief retrial.
This was reckless teenagers, most of their youth spent in prison and the pain, now wrapped in thick pants legs early, crutches are barely walk, for fear the blood can not flow,http://modofire.ddns.net/pmbbs/forum.php?mod=viewthread&tid=155792, not a long time to maintain a posture move. 31 years old, he had begun to worry about the future, not knowing what kind of work can be competent.
"Even children have sinned, the price he paid too big." Dong Chung said.
Text and photo / reporter Zhao Zhuo
(Except for signature outside)
(Original title: prison inmates sued the prison in disability due to illness)