On The Legal Rules And Regulations Of Discretion Of The Prison Administrative Penalty

The prison administrative penalty discretion, The prison administrative penaltydiscretion, which allows them more freedom in punishing prisoners based on thepersonal conditions of the prisoners, but in accordance with the sprit, guidelines,authorization and scope of laws and regulations, aims to educate and reform theprisoners. However, the abuse of administrative penalty discretion in prisonoccasionally happens in China, which enjoys the following characteristics:concentrating on the unrelated facts, neglecting of related facts, unfair discretion, andinsufficient demonstration of the independence of administrative procedure law. Thus,the abuse of such power will cause management and supervision disorders in jails,discredit administrative law-enforcement agencies, and violate of legal rights of theprisoners. At present, regulation of prison administrative penalty discretion hasbecome a subject of concern theoretically and practically in Chinese AdministrativeLaw. The reasons this phenomenon exists can be traced back to the conceptivedeviation and excess power of the administrative penalty discretion, underdevelopedapplicable conditions and procedures. Therefore, the regulation of the administrativepenalty discretion should be pushed through as early as possible, to control abuse ofthe authority. This thesis concludes that there are four ways to sort this problem. First,regulation of the substantial law and administrative procedure law should be furtherdeveloped; second, administrative discretion in prison should be controlled on arational basis, to ensure that the conduction of discretion is law-oriented and hascorrect legal interpretation. Meanwhile, the line between unrelated facts and relatedfacts should be clear, meeting up the standard of justice; third, consummating ofsupervision system is a must, which can be achieved by diversified supervision bodies,valid surveillance and optimization of the surveillance methods and ways.