On American Substantive Due Process And Its Inspiration For Our Country

Countries of common law system always have the tradition of highlighting procedure, and relevant procedural systems also are very developed in their laws. Substantive due process derives from due process developing in American judicial practice. It can’t produce without American certain politic environment, such as politic system of separation of powers and checks and balances, courts’special status in American politic system and so forth. Substantive due process is different from traditional significant procedure valuing the process justifiability, and it values more on government actions intents’justifiability. It is just the character of substantive due process that makes "due process clauses" in American Constitutional law restrict powers more comprehensively and in-depth, safeguard rights more thoroughly. Not only that, from constitutionalism perspective to say, substantive due process carries out further politic system of separation of powers and checks and balances, strengthens the supervision of the Constitution implementation and thus enhances the vitality of the Constitution. But in our country, relevant legal systems, especial existing procedural system, have many defects. For example, procedures can’t effectively restrict powers and safeguard rights, and procedural justifiability and legality have been the lip-service used by officials to fob off the crowd question of illegal events. Although the system of substantive due process can’t produce and work without American certain politic system and blindly transplanting the system of substantive due process deriving from America isn’t a feasible measure, the system of substantive due process being influential in American Constitutionalism system includes some universal values having great inspiration for establishing Chinese legal system, especial procedural legal system. Therefore, firstly, the article introduces American system of substantive due process in detail, and then, analyses its inspirations for establishing our country procedural legal system.The first section introduces the development history of due process of law. It states how English comes into being due process of law. After introduced America, how it develops to contain substantive due process.The second section introduces the connotation and judging standard of substantive due process. In a brief, substantive due process highlights government actions intents’ justifiability. The Supreme Court forms the standards to judge whether government actions confirm to substantive due process in American judicial practices. The third section introduces substantive due process application in American judicial practices since it appears. Firstly, substantive due process is used to restrict bossy and arbitrary of law-making power. Afterword, it also is used to restrict bossy and arbitrary of judicial power and executive power.The forth section introduces substantive due process suffers from critics and contains values in its development process. The development of substantive due process in the United States is not plain sailing, it has suffered from extensive critics and controversies, and it is even considered that substantive due process is a way that judges apply to write their beliefs into the Constitution. Even so, its values can’t be denied.The fifth and sixth sections introduce the relevance between American substantive due process system and our country and substantive due process’inspirations for our country to establish procedural legal system on the basis of a detailed introduction for American substantive due process. American substantive due process focuses on the justifiability of government behaviors intents, so it unifies the purpose value and its own independent value of procedural due process. Therefore, it effectively restrains the government power and protects the citizen rights. They have important inspirations for establishing our country procedural legal system.