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罪犯在服刑期间发生医疗纠纷特别是罪犯死亡后罪犯家属与监狱发生赔偿纠纷,罪犯及其家属是否能够向法院对监狱提起民事诉讼?因为现有法律、法规对此没有明确规定,司法实践中由于相关法律理解不同,处理结果也大相径庭。笔者认为法律对此类问题规定存在滞后性,相关部门应对此类问题作出明确规定,从而为司法实践提供明确的法律依据,以解决不必要的纠纷。
Medical malpractice occurred during the prison sentence, especially after the death of criminals prisoners family and prison compensation disputes, whether the criminals and their families to the court to bring a civil lawsuit? Because the existing laws and regulations do not clearly stipulate that judicial practice due to Different understanding of the law, the treatment results are also very different. The author believes that the law lags behind the provision of such issues and relevant departments should clearly stipulate such issues so as to provide a clear legal basis for judicial practice in order to solve unnecessary disputes.