The Development Of The Due Process In Chinese Administrative Law

Articles identified the basic elements of due process, by the Ideological Origins of due process and system origins.With the development of due process in administrative law in our present situation, due process as a kind of natural law in China has been gradually be developed. This beautiful flower of due process not only opens in Anglo-American culture, but also blooms in China,and the establishment of due process is of great significance for the construction of law in China Then analysis theory and practice issues of due process,concludes with two of China's development path of due process.Papers include the following aspects:(1) on the source and flow of due process. Paper analyzes the development of due process in the United Kingdom and the United States to clarify the content of due process and determine the due process as an important principle of administrative law. (2) development of due process in administrative law in China. Judging from China's piecemeal legislation, due process can be seen in in our country have access to development. (3)The basic theory of due process and requirements. For what kind of program is justified. Procedural justice scholars of different content, standards and elements of different interpretations.The author believes that the modern legal process to be achieved the minimum requirements of procedural justice should include the principle of impartiality, openness principle, the principle of participation and the principle of efficiency. (4) the values of the due process development in chinese administrative law. Due process can not only make up for lack of legislation to protect civil rights, and regulate government actions to curb corruption, improve efficiency, but also the need of Chinese administrative law to join in the world's administrative integration. (5) due process in the development of China's administrative problems and the plight of the issue by analyzing the legislation and practical obstacles encountered in the implementation, described in the development of due process is faced with the legislative dispersed, the lack of related systems as a guarantee, At the same time and are faced with in the implementation of procedures for the lack of cultural traditions as well as other constitutional basis of some pressure.(6) due process of administrative law in China means to development. China, as a statute law country, developed through legislation due process is a direct development path, especially in the "Administrative Procedure Code" and to directly define the principles of due process, while the Supreme Court exists in our country "typical case" in this case shape, but also due process for the development of administrative law in China provides another an indirect path.At present, China has already joined the World Trade Organization (WTO), China faces the urgent task of legal construction process,meanwhile the domestic development of a system of standardized procedures for the Administrative Procedure Code was put on the agenda, it is international and domestic opportunity for development of due process. The establishment of due process, the modern rule of law in our country, it has important practical significance.