The Application Of The Principle Of Due Process In The Administrative Trial

With the development of the theory of control of administrative discretion, for the executive power of the public authority control have reached a consensus that the most effective way is to be restricted by the program. But now China is still in the development of "Administrative Procedure Act," the exploratory stage, there is no specific and clear "Administrative Procedure Act" for restraint and the provisions of the existing single law program appeared many problems, how to regulate the executive power to make a troubled administration jurisprudence problems. Principles of due process as an important principle of administrative law, the administrative trial abroad plays an important role on how to regulate the executive power plays an important role. Therefore, it should emancipate the mind, bold break with traditional restrictions, in the absence of legal procedures or legal procedures to protect citizens' legitimate rights and interests are not well, using the principle of due process in the administration of this exotic trial to judicial review of administrative power to achieve a minimum of justice. Effective control both the executive power and protect citizens' legitimate rights and interests, but also to supplement and improve the theoretical system of due process provided in accordance with judicial practice.In view of the legitimacy of judicial review of administrative procedures into a long blur,abstract, uncertain, and our country both in theory and practice none of the principles of due process in the administrative trial application proposes a relatively uniform criteria, and therefore the full article using a variety of methods, from the perspective of judicial review, is in compliance with the administrative procedures surrounding the principle of due process to analyze, investigate to what extent the administrative procedures before have legitimacy. And we are committed to provide administrative trial a relatively specific, clear, workable principles applicable standards of due process, to the adoption of the principle of efficient,high-quality use of judicial review so better to check the executive powers given to the administrative relative person fuller procedural safeguards.