| The object of procedure under law principle is in order to limit the public power and protect the accused person of individual rights, which include the legal subject, behavior and range of statutory, the principle roughly experienced statutory principle for budding, developing and perfecting stage three aspects, from unique form of significance to developing and perfecting form of significance and meaningful double possess, its and the principle of due process in the origin of the time, causes and effects are different, but the ultimate goal is the guarantee of human rights, and the future development trend is in legislation and judicial all shall give certain restriction, and not only restrict judicial power. Procedure under law principle have human rights protection, litigation justice and order and the efficiency value, but in justice and efficiency, procedural justice and substantive justice, order and freedom have contradictions and conflicts, balance these conflicts should to stick to program of priority, remember justice supreme and ensure the standard of rights. Procedure under law principle in our nation is not established, the process dissimilation phenomena is seriously, the legislative law and judicial unspoken rules are popular, these problems can reveal we should establish procedure under law principle, the necessity of the establishment of scientific and rational concept of litigation and civil rights to enhance awareness of and safeguard human rights attention paid to conditions of mature to establish this principle provides possibility. Combining foreign legislation practice, the structure should be positioning constitutional principles, it can play better role of this principle, this paper discusses the principle of legal procedures and special law legislation and legal principle and criminal litigation procedure rules and procedures legal concept combining three structure assumptions. Then using and carrying out the process should in procedure rules and procedure behavior be perfect and in control, perfect balancing mechanism of "right restricting power" and examination system in order to ensure the procedure under law principle can be well carried out and implemented. |
