监所管理与司法监督——法国经验管窥

The Penitentiary Administration and the Judicial Review-An Analysis of French Experience

在法国,监狱和看守所的管理行为曾经长期被看作是"内部行政措施"而被排除在行政诉讼受案范围之外。然而,1995年来,为了加强对罪犯和犯罪嫌疑人这一特殊群体的基本权利与自由的保障,法国行政法院开始审查部分监所管理行为的合法性,并判处国家为狱政机关的一般过错承担赔偿责任。

In France, the measures taken by the prisons and detention houses had been for a long time considered as ＂internal measures＂, and so were excluded from the judicial review. Since 1995, in order to strengthen the protection of fundamental rights and freedom of the prisoners and the suspects, the French administrative courts have examined the legality of some penitentiary measures and held the State liable for the ordinary fault committed by the penitentiary administration.