New Research On The Special Power Relationship

With the development of the society and the protection for human rights, the theory of special power relationship is amended continually. Introducing this theory properly into China will have important practical impacts on the theories and practices of Chinese executive law, and will promote Chinese development of rule of law. As a typical presentation of the closed administrative legal person, both the maintenance of the prison's functions and the protection of the convicted person's rights are important during the execution of punishment. The amended theory of the special power relationship should be adopted to direct the practice of the implementation of sanctions and put the management of prisons into a scientific, regularized and legal obit. Specifically speaking, firstly, laws relating to the implementation of sanctions should be perfected to provide a legal basis for the special power relationship. Secondly, the administrative remedy system should be improved to regulate the executive actions of the administrative legal person. Lastly, the jurisdiction of courts should be determined properly to protect the legal rights of the administrative counterparts.