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In 2011, Dong Lin twice admitted to Beijing Union Medical College Hospital to do a total of four surgical Dong Lin's father disability card shows part of Dong Song Dong Lin are taking medicines During medical treatment, Dong Lin had his own prison sentence of Tianjin court. In 2002, under 20-year-old Dong Lin found guilty of robbery, affray jailed for 16 years in jail when he was healthy. Today, the 31-year-old Dong Lin because of lower extremity arterial embolization caused his right leg disability, long surgical scar extends from the lower abdomen to the right ankle. Dong Lin believes that during his illness, Tianjin Prison has repeatedly delayed the treatment, resulting in serious consequences. After 2010 granted medical parole, Dong Lin Tianjin prison administrative proceedings. At the same time, Heihe City, Heilongjiang Province, the Intermediate People's Court together similar cases. Ren sued the prison inmates lead to blindness delayed treatment, the court Zhang Rensheng complaint. Ren Dong Lin became the hope of the case, however, the road of litigation Dong Lin did so smoothly. People's Court dismissed three Tianjin Dong Lin eleven prosecution on the grounds that the prison authorities for the execution of punishment is not part of the executive Lawsuits. So the case has floundered in procedural issues. In August this year, Dong Lin submitted to the Supreme Court Chief retrial. During suffering severe prison After medical treatment, Dong Lin and parents rented in Tianjin outer ring outside a cell with two bedrooms room. "The key is a fancy room thick radiator, Dong Lin's legs can not cold, and the old house had no heat." Song Dong Dong Lin's father said years. Dong Lin's house only a simple bed and cupboards, boxes of medicine are on the table, where there are "only for clinical research use," the study drugs, so can save some of the expensive drugs. Dong Lin's father also suffered from nearly two years of geriatric diseases such as hypertension, family and parents by guaranteeing pension to survive. Dong Lin's mother diagonally across the Tianjin area every day, doing housekeeping supplement the family income. To prevent leg blood poor, Dong Lin can not sedentary or long standing, walking only with crutches he went to the other side of the room. Taking into account that he is still serving their status, Dong Lin did not directly interview, but took the father. Dong Lin, born in 1982, in 2002 for robbery, affray was sentenced to 16 years of court. Song Dong is now on his son could not say specifically what to do then in the end, only know just graduated from vocational high school age son and a few children together everywhere nonsense, until the last incident. December 18, 2002, the Tianjin Dong Lin freshman medical examination, without any disease, divided into Tianjin prison a prison area. April 24, 2003 and assigned to the four prison labor in the production area,Piumini moncle, in May the same year, four prison area specifically assigned to four units radiator corrosion processes, work continued until the second half of 2006. Dong Lin is responsible for the anti-corrosion agent to the radiator filling inside, then to the radiator of the baking. Because the work environment to exposure to toxic chemicals, prison inmates to provide a simple gas masks and rubber gloves. Although there is no direct evidence that the incidence of Dong Lin and working environment, but still believe in Dong Song Dong Lin Long-term exposure to toxic and hazardous materials, it may be the onset of incentives. August 2006, Dong Lin sites often feel chest chest pain, and chest tightness, shortness of breath, palpitation and other symptoms, went to the prison hospital in Tianjin, do the ECG, the doctor said tachycardia. When Dong Lin second treatment, heart rate reached 140 beats per minute, but doctors still believe affect health. Until February 2009, Dong Lin was found with his right foot, foot, foot tendon pain,http://www.imappage.net/bbs/bbs_test.cgi, right leg length of two knots, followed by examination confirmed that Dong Lin suffering from lower limb arterial embolism. Far in Heilongjiang with Dong Lin Ren also as suffering illnesses. Files show that in 1997, Ren was sent to prison in Heilongjiang Province Phoenix Mountain Supervisor District 11, through labor in the quarry. The relationship may be due to dust powder, serving the second year, Ren eyes started swelling, worsening eyesight. After repeated treatment, rescue, Zhang Ren in July 2003 to accept the right enucleation surgery, left after shrinking blindness, has been identified as a disability. Dong Lin and Ren's experience is similar, in the next two years, he has ten times hospitalization, surgery seven times. April 2011, the Tianjin CDPF review finds that Dong Lin for the three disability. If disease progression, at any time may face amputation. Inpatient surgery 10 times 7 times Let Dong Lin and Ren difficult to accept, during illness, prison conditions are not enough of them seriously. Ren started swelling in the left eye, many times to the prison clinic doctor, the doctor just let him use a simple saline wash, and he also followed the decline in visual acuity. After repeated delays in treatment, in July 2003, Ren eye cornea perforation, eyeball congestion, had surgical removal of the eye, the left eye along with atrophy, resulting in his blindness. Phoenix Mountains Ren eye treatment in prison are not the course record. Since the initial discovery in August 2006 of symptoms, Dong Lin and he has not been allowed to referral treatment. In February 2009,moncler outlet online, Dong Lin leg pain, in the prison hospital could not find out the cause, but more intense pain, thigh groin Director of the pimple. Dong Lin control "human knowledge Handbook" Doubt, their disease is gout, collagen body disease and lower limb arteries, the prison hospital replied,http://www.e-popop.com, "Do not look at medical books blind,http://www.chrisadamsperfumes.com/index.php?item/create_form/1, easy obsessions, all right." Dong Lin's request, the prison hospital gave him painkillers, but he still refused to referral. Eight months later, the newly appointed prison warden found Dong Lin right leg than the left leg fine, right big toe and second toe purple, Dong Lin was only go to Tianjin newborn hospital, doctors diagnosed as vascular disease, in turn transfer Dong Lin the Tianjin First Central Hospital for treatment, this time is mid-October. The cost of the surgery because the problem, namely the prison did not let hospitalized, but the Dong Lin back to prison, while consultations from medical expenses and family sharing issues. Dong Lin father around to borrow money, the most advance medical expenses, Dong Lin officially admitted in mid-November, Tianjin First Central Hospital, admission diagnosis of right lower extremity arterial embolization. November 20, Dong Lin accepted the "abdominal aorta and right femoral artery bypass graft surgery", which is connected to his leg some artificial blood vessels, to replace the original right femoral artery. December 9, Dong Lin requested prison hospital, the wound was not completely healed. According to family members photographs, Dong Lin lower abdomen approximately 5 cm wound like a baby's mouth as open. Records show, Dong Lin "abdominal wound did not heal," "fresh wound granulation now ...... peril automatically discharged." When doctors told the hospital to continue dressing the wound and so few precautions. 2:00 the same day, Dong Lin on condition deteriorated, legs pale, cold, numb, and accompanied by the leg, foot pain later. 10:00 just met with the families of the time, Dong Lin told the parents to the disease, so only one night after discharge, Dong Lin has been returned to a city center hospital, diagnosed as artificial blood clots. Records show, "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, Dong Lin was subsequently transferred to the intensive ward, and underwent surgery again in the next day. "Wound has not healed, anxious people discharged from hospital, which is why?" This unconventional discharged, after being repeatedly lifted Dong Song years. Dong Lin first time since the surgery, vascular surgery for maintenance needs an infusion to maintain, so the doctor prescription claims, review once every two weeks a blood test and ultrasound, once every month and a half was lost, in order to ensure vessels will not be blocked. But Dong Songlin said Dong Lin each review, the infusion should be delayed a week or so, leading to Dong Lin constantly repeated illness. In February 2010, due to the condition did not improve, Dong Lin third hospitalization. Doctor told May 1 again hospitalized, but Dong Lin actual admission date is May 28. October 28, 2010, Dong Lin approved by Tianjin Bureau of Prisons medical parole, to November 2 to obtain the approval of the Executive, out of the prison gate that day, Dong Lin admitted sixth 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 gone through seven, his family described him as "severely." Reporters tried to contact Tianjin prison, but has failed to get a response. In administrative proceedings pleadings, Tianjin Prison believes prison within the scope of management of Dong Lin were positive, according to the treatment, we have to fulfill it. Sued the prison was rejected three times Dong Lin's life and the intersection of Ren-case occurred in Heilongjiang province in 2011. Dong Lin at home when sick, Dong Song years working in 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, Ren released from prison, then a lawyer to Phoenix Hill Prison in Heilongjiang Province to apply for compensation. Prison reply, said it had instructed relevant departments to investigate the problem of Ren, but refused to compensate. Judicial appraisal, Ren was blind, it is a disability. In 2007, Ren administrative proceedings, requested the court to confirm the Phoenix Mountains prison health care fails to fulfill administrative act as illegal, requires prisons to give 420,000 yuan compensation. May 11,http://store.shopping.yahoo.co.jp/topism/jkt-45-topism.html, 2010, Heihe City Intermediate People's Court, complaint, all supported both claims court. Song Dong in contact to Ren's lawyer Zhu Aimin, commissioned him to be held accountable on behalf of Dong Lin Tianjin Prison. In 2011, Dong Lin administrative proceedings in Xiqing District People's Court, requesting the court finds that the prison did not fulfill Tianjin healthcare administrative act as illegal, and to obtain compensation. Tianjin Prison believe that prison is a national penalty enforcement agencies, prisons administration of Dong Lin, transformation, health care, medical treatment, etc., is to manage the behavior and law enforcement prisons, it does not belong to the scope of administrative compensation. Dong Lin claims should apply for state compensation by way of conduct. Xiqing District People's Court also ruled that the prison is the executive organ of state punishment,moncler pas cher, Dong Lin of the appeal cases, the administration of justice as the criminal behavior of prison sentences for inmates executive organ management process produced the act generated controversy, it does not belong to the scope of accepting cases of administrative litigation. Therefore, the court rejected the prosecution Dong Lin. Dong Lin and lawyers appealed to the Intermediate People's Court of Tianjin, hope the second instance court revoked the trial court ruling confirms that the treatment of indolent behavior illegal prison, and to give Dong Lin compensation. Zhu Aimin counsel argues that the prison has the nature of judicial and administrative authorities, "People's Republic of China Prison Law" belongs to the category of administrative law, and therefore the prison as an administrative lawsuits have accused the main qualification. Prison authorities have to perform dual functions and administrative penalties, according to "People's Republic of China Prison Law" Article 54 inmates to perform the functions of health care is to be administered. Tianjin Municipal Intermediate People's Court but still managed to prison for offenders act is "criminal justice act", "does not belong to the People's Court of accepting cases of administrative litigation" and the grounds, the court rejected the appeal. Subsequently, the Tianjin Higher People's Court rejected the Dong Lin retrial. In 2010, Ren concluded, the Court found that the prison authorities have a dual judicial and administrative functions, the behavior of its implementation can be divided into the execution of sentences behavior and administrative action,hogan outlet sito ufficiale, daily life is executed criminals involved in living in management should be part of the executive management. Prison medical institutions, health facilities, criminal life, health system, etc., should belong to the prison administrative action, rather than punishment execution behavior. Similar case, two in Tianjin and Heilongjiang get different results, which makes Dong Lin and Zhu Aimin a lawyer is not understood. "Case played a few years, procedural issues have not been resolved." Zhu Aimin lawyer said. Prison is not the executive? Chinese Administrative Procedure Law, the scope of actionable and non-actionable scope of the provisions are clearly set out formula, but there are still gaps in the delicate situation between the two areas, namely prisons belong to this column. And our country is not the case law, the Supreme Court was not informed of the case Ren jurisprudence, only as a local case, can not become a reference to the jurisprudence of the court hearing the case in Tianjin. China University of Political Science Professor Liu Xin and Wang reached the Supreme Court administrative tribunal coauthored "Some Problems of Administrative Litigation Defendants qualifications", also discussed the issue of prison administrative proceedings as defendant. Liu Xin believes that the legal mandate of the prison and not defined as judicial conduct, as the executive organ of the Ministry of Justice set up a Bureau of Prisons and other internal organs, then the management can be understood as the administration, should bear administrative liability. In addition, he believes that the prison on the basis of "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 custody custody offender's behavior in the nature of an administrative rather than criminal acts of judicial conduct. "In other countries, prison is indeed an administrative unit that can bring an administrative lawsuit, but in the country,http://www.poney.jp, 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, said Jiang Mingan, "theoretically possible to prison for administrative proceedings, but according to our law, the lack of a clear basis. " Bodies and detention centers, prison authorities and their staff, "State Compensation Law", "Criminal Compensation" chapter states that "the exercise of the investigation, prosecution, adjudication authority in the exercise of functions and powers have assault and battery of one of the following circumstances, the victims have made right to compensation, "the actual prison classified as judicial authorities. But the relevant provisions only "torture or to assault,http://sokeizai.or.jp, abuse and other acts or abetting, indulge others to assault, abuse and other acts causing bodily injury to or death of citizens",http://www.leesauthenticationservice.com, etc. can apply for compensation, coverage is too narrow. "Administrative Procedure Law" Article 11 stipulates that "an administrative organ to perform protection of personal rights, property rights of statutory duties, the administrative organ refuses to perform or failure to respond may file an administrative lawsuit." JiangMingAn believes that this provision, in appropriate cases, may be as a basis for prison administrative proceedings. The plaintiffs sued the prison may also be considered superior judiciary, as Justice Bureau. But fundamentally solve the problem of prison properties, but also to further clarify the need for national legislation. Although do not understand these delicate legal issues, Tianjin People's Court ruled that the three are very disappointed, in August this year, Dong Lin insisted to the Supreme Court filed an administrative retrial. This once reckless youth,moncler soldes, the majority of youth spent in prison and the pain, now wrapped in thick pants legs early, also barely walk on crutches,http://sportsfan.jpn.org/cgi-kban/sunbbs.cgi?mode=form&no=191&page=1, afraid of blood can not flow, not a long time to maintain a posture move. 31 years old, he has begun to worry about the future, not knowing what work can be competent. "Even if the child had sinned, the price he paid too big." Said Dong Song years. Text and photo / reporter Zhao Zhuo (Except for signature outside) (Original title: prison inmates sued the prison in disability due to illness) (Edit: SN017)

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