Research On The Judicial Application Of The Principle Of Due Administrative Procedure In China

In the field of administration,with the expansion of the discretionary power of administrative organs,higher requirements are put forward for the regulation of administrative power.Due process principle has the functional value of controlling the arbitrary exercise of public power and protecting private rights,which makes its application in the administrative field have a reasonable foundation.In detailed understanding evolution process of the development of the principle of due process and the principle of background after entering into China,the author through to apply the principle of due process clearly part of the administrative litigation of administrative case empirical analysis,the principle of due process can be found existing in the course of judicial application scope of fuzzy,suitable standard,some problems such as weak judgment reasoning.At present,there is no systematic analysis and answer to the problems existing in all aspects of the application of the principle of due process of administration in China,either in the field of theoretical research or in the field of practice.This paper USES empirical research methods,from the Angle of the court of judicial review,based on the empirical case analysis,based on the around the court how to program using the principle of due process to review administrative authority about the problem of discretion,commitment to the judicial organs to provide a relatively specific,clear and operational principle of the administrative procedure as the judicial applicable standards and the applicable process.This study shows that in the administrative field,the principle of due process has a wide range of application in judicial practice.However,the court should pay attention to the fact that it is not necessary to introduce the principle of due process for procedural review in any administrative act as long as there is no room for the application of legal procedure.Even if the principle of due process is applied,it is not necessary to apply the requirements of the principle of due process in a step-by-step manner.How to apply the principle of due process in specific cases is discussed in this paper from the following contents.The first part introduces the background and significance of topic selection,literature review,and analyzes and defines the concepts and theories of "due process principle" and "administrative procedure Principle".The second part,from the outline of the principle of due process,the concept of legal procedure,the theoretical development of the analysis of the specific introduction of the principle of due process in China;The third part,from the general situation of judicial application of the principle of due process of administrative procedures,judicial recognition standards and other aspects of the specific application of the principle of due process of administrative procedures in China;The fourth part,through the court application of the principle of due process of the case empirical analysis,so as to review the problems in the judicial application of the principle of due process of administrative procedures in Our country,for the following article put forward the principle of the application in judicial practice of the basis;The fifth part,from the legal basis of the application of the principle of due process,the specific types of violations of the principle of due process and the corresponding legal evaluation,and so on,how to improve the judicial application of the principle of due process in China.