In the conditions of society democracy and the rule of law, the termination of legal the law is the threshold of enforcers’discretion . [1] The conflict between the lag of legislation on prison criminal and the request of development in economical society, and the conflict between the limitations of legal clauses and the universality of prison practices, decide the result that the existing of discretion by prison constabulary is possible and necessary . Prison discretion is the right of taking flexible proc...