Research On The Actionable Nature Of Prison Management Behavior

Era in advance, history in the development, criminals and criminals serving during the transformation of a series of problems has been paid more and more attention, the criminals were gradually began to pay more and more attention to himself in prison during the transformation of rights maintenance. Now our country related legal theory analysis, no matter from< Criminal Procedure Law> or< Prison Law> are not explicitly prison administration behavior legal nature need to be divided into judicial behavior and administrative behavior.< Administrative Procedure Law> is not related to Prison Criminals lacks the right of relief in administrative proceedings related to the specific provisions, the ambiguity in the definition of the nature of the behavior of the prison management led directly to the criminal in the right relief when the helpless; Is at present the current situation of our country, the social development makes people’s awareness of rights is rising, both outside the walls of the citizen or grid within the criminals began to learn to pick up the legal weapons to protect their legitimate rights and interests. So clear prison administration behavior of the legal nature of administrative behavior can be sued not only conforms to the law principle of "where there is a right of relief, accord with the legal spirit of everyone is equal before the law ", is in favor of the lack of rights of criminals with legal relief to recoup their losses and urged the prison police legitimate, timely and accurate, appropriate exercise of their functions, to ensure that a variety of problems with the development of the times and to legitimate, reasonable, efficient solution. This paper mainly uses the method of comparative analysis, induction and generalization of the method, case study method, value analysis and other methods to explore the legal nature of prison administrative actions. This text is divided into three parts, the first part for prison management connotation and the legal nature analysis, which are reviewed in our country at the present stage of prison administration legal nature of the action of several viewpoints, and expounds the extracted from the author’s point of view. The second part mainly v. significance are analyzed, which mainly from the present situation of our country’s serving personnel to protect the rights and interests of status and the prison administrative actions in administrative behavior can be v. will bring positive impact of two aspects of analysis on the prison administrative actions in administrative behavior. The third part from the prison administrative actions in administrative behavior can be v. on the basis of the analysis of major, and puts forward the action range of feasibility and principle of the prison administrative actions in administrative behavior. Combining the present prison "protect personnel rights difficult "phenomenon, hope that through the analysis to the prison administrative actions in administrative behavior is actionable, and guarantee the basic rights of the criminal and prison law enforcement behavior specification provides a perspective of thinking direction.