Dissertation > Excellent graduate degree dissertation topics show

Legal Relationship of prison inmates

Author: LiHongJun
Tutor: WangTianHua
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Prison Inmates The legal relationship of prison inmates
CLC: D926.7
Type: Master's thesis
Year: 2009
Downloads: 89
Quote: 1
Read: Download Dissertation

Abstract


This paper introduces the analysis of the inmates Zhang, Xu v. prison, two cases of the Bureau of Prisons, prisons and inmates must correctly handle the legal disputes, protect the legitimate rights and interests of the inmates, and the Law must solve three problems: (1) the legal nature of the prison inmates? What is the nature of the (2) Prison inmates legal relationship? (3) prison inmates legal relations which? around these three issues through research, This paper focuses on the following fundamental point: (1) the legal nature of prison inmates. This article think we should learn from the theory of civil law, the prison is defined as a closed public creation, the nature of a public corporation, a special administrative organs, the administrative body identity; inmates for crimes subject to criminal penalties However, they are still members of society, is a citizen of a country, as members of society, the country's citizens, they deprived of their specific rights and interests in accordance with the provisions of the law, but also still enjoy the rights of ordinary citizens should in the Prison Execution The process to establish a specific legal relationship with the prison, as the main body of the legal relationship, rights and must fulfill their obligations according to law. (2) prison inmates legal nature of the relationship. This article should draw on the special powers to abandon civil law relations theory, defined the legal relationship of the prison and inmates to create objects using relational nature, is an administrative legal relations. (3) With regard to prison inmates legal relations. Prison as the creation of public administrative subject identity of criminals according to law to exercise the powers of imprisonment, labor reform, education reform, administrative, and must follow the performance of their duties, to comply with the statutory authority, compliance with the statutory procedures and follow the reasonableness of the administrative law obligations. Inmates as administrative counterpart, legally entitled to sue the right, the right to administrative reconsideration relief rights, administrative proceedings and relief right. Inmates as administrative counterpart must fulfill to comply with the prison law, the obligations of prison supervision, labor, education and reform. Research ideas, the paper on the basis of the comprehensive reflection of the prison and inmates legal relationship between the legislative and Research, from the perspective of comparative law analysis of Western developed countries, international organizations, the existing legal and research, inductive generalization can be draw lessons of experience put forward the views of prison inmates legal relationship. The paper is divided into three parts. Part I: Prison and the legal nature of the inmates studied. Part II: the legal nature of prisons and inmates legal. Part III: prison inmates legal relationship. Finally, at the conclusion of the above research results for a comprehensive summary, and according to the research response to analysis of the beginning of this article describes the analysis of two case.

Related Dissertations

  1. Research on the Socialized Execution of Imprisonment,D926.7
  2. Harmonious Society under the Concept of Modern Prision Management to Explore New,D926.7
  3. Beijing Prison system regulatory security incident response mechanisms,D926.7
  4. Research on Law Enforcement Practices of Prison Police in Shandong Province,D926.7
  5. The Ladder to Success,K244
  6. Republican military prison in Sichuan Research ( 1939-1949 ),K258
  7. Prison Police Integrated Management System Design and Implementation,TP311.52
  8. Manifold learning variance minimization,TP181
  9. Prison security monitoring Integrated System Design and Implementation,TP277
  10. Administrative Law Perspective prison Discretion,D926.7
  11. Windows CE-based monitoring room management system design and development,TP311.52
  12. Information of prison -building program in Hunan Province,D926.7
  13. Prison Staff Education Reform of Socialization of Legal Thought,D926.7
  14. Research on the Procuratorial SuPervision for Prisons,D926.3
  15. Research on the Prison Police’s Psychological Pressure and Help Strategy,B845
  16. On the early days of New China 's prison reform,D926.7
  17. Regulatory Effect of Prison,D926.7
  18. Prison Management Statusand Countermeasures Research of Hebei Province,D926.7
  19. Prison intelligent monitoring system design and implementation,TP311.52
  20. Song Dynasty money monitoring research,K244
  21. On the Development of the Creativity of Postgraduates,D926.7

CLC: > Political, legal > Legal > Chinese law > Justice system > The prison system and reform through labor system
© 2012 www.DissertationTopic.Net  Mobile