Study Of The Legal Matters Concerning The Administrative Power Of Prison

Under the environment of managing state affairs in accordance with law and building socialistic country under the rule of law, the development of the prison's works is also running towards the goal of governing by law. After all, the prison is a special administrative department, which has certainly hysteresis quality in the course of construction the national government by law. How to accomplish the goal—building the legal prison, and exercised the jail executive power integrating to legal system's track—is a thorny question we must face, and also a difficult problem we must solve.The realization of prison's governing by law is an inevitable tendency in the development of the prison's work, but in the process of realization, this issue involves in the connotation of the prison of administrative power and positioning of prison's executive power, the rules, the standard and the supervision and the other various matters. And limiting the connotation of the prison of administrative power clearly is the most essential part in the works of prison governing by law. Because If we want to carry on the restriction and the surveillance to the jail work in order to achieve the government by law prison goal, we must firstly solve the question that limiting the connotation of the prisonal authority, and we clearly recognized the connotation of the prison of administrative power which can carry on the reasonable hypothesis and the surveillance target-oriented in the state power system's correct localization to its authority restricts.Because the present theorists and the practical departments still have a dim consciousness to the connotation of the prison of administrative power. To a certain extent, it has hindered its surveillance and restriction, which seriously influenced the smooth development of prison's governing by law in our country. Looking from the angle of law enforcement in prison, the inborn insufficiency of prison's executive power has directly caused the phenomenon of deviation in the practices. In order to deal with these matters effectively, the author analyzed the basic reasons for their appearance, therefore, from the legal framework of prison, the management system and the control system, the author proposed the countermeasures of standardizing the prison's executive power in the hope of advancing the realization of legal prison which is restricted by power and guaranteed by rights.