The Prison Authority Behavior Study Of State Compensation

The prison as a state administrative organs are often found violations infringe inmates personal rights and property rights. According to the provisions of’Law of the People’s Republic of China on State Compensation,1 victims can apply for state compensation, and in fact, the prison authority behavior and non authority act coexist, specific, in terms of behavior acts of administrative authority and judicial authority behavior criminal judicial professional rights coexist. Therefore,how to identify and standardize the prison authority behavior is very important in practice. In this paper, besides sections of introduction, references, acknowledgements, and conclusion, the text mainly discusses the following four aspects:First, the interpretation and analysis will be given in prison state compensation authority behavior, and to undertake the necessary classify research activities, then classification of administrative functions and powers and judicial functions and powers as the basis for conceptual analysis. At the same time, the state prison compensation in terms of behavior classification:acts of administrative authority and judicial authority behavior; powers and authorities of the phase related behavior; legal acts and illegal acts;illegal acts and victims suffer due to the fact that it will inevitably damages.Secondly, a comprehensive exposition of prison administrative authority in the State Compensation infringement of acts and characterization exercise of administrative powers related behaviors. For example:illegal deprivation or restriction of personal freedom of prisoners; beatings and other acts violence or acts of violence instigated other inmates to assault causing bodily harm or death of prisoners; insulting inmates have serious consequences; illegal use of weapons, police armed with cause prisoners physical and psychological harm or death; cause physical injury or other circumstances of death or other circumstances of violations of property rights. These include:the State Compensation unspecified prison but should belong to characterize the administrative powers and infringement damages related to exercise, such as:prisoners injured during participation in the labor activity damages; illegal detention of prisonerslegitimate property or labor income throughout in prison. Thirdly, characterized by prisons judicial function of State Compensation and acts related to the exercise of judicial functions and powers of explanation infringement damages which are including:characterizing acts prison judicial authority of state compensation has been prescribed Damage. For example:torture or physical punishment, abuse of prisoners, causing bodily injury or death; extended detention.In addition, no provisions of the prison state compensation but which should belong to the judicial power of tort behavior.For example:non-violent abuse physical punishment; prison state organs and armed police acts joint exercise of powers illegal infringement. Finally, the State Compensation in prison several types of authority or competence associated with specific behaviors identified. Including:prisoners incarcerated during illness or injury, not as a negative because the prison did not receive timely treatment and cause illness (injury) aggravation or death, whether prison should be given compensation. Under the circumstances of individual offenders take place in other prison inmates injured or killed, whether prison liable; released prisoners on his or her way home compensation for injury or death and etc.