Research On The Applicable Conditions Of The Principle Of Due Process In The Administrative Trial In China

Due process principle is an important legal principle in administrative law,which embodies the minimum protection of procedural justice.Although the principle of due process is not clearly stipulated in the administrative law of our country,the principle runs through the administrative legislation of our country,and many legal provisions embody the spirit of the principle.With the gradual improvement of the level of the rule of law in our country,facing the more and more complicated situation in the administrative trial,the application of legal procedure is not enough to guarantee the realization of procedural justice.Faced with such a dilemma,more and more judges apply the principle in administrative trial in order to realize the fairness and justice of the procedure.However,the application conditions of the principle are still not clear because the law of our country has not clearly stipulated the principle.Therefore,the author tries to analyze the applicable conditions of the principle of due process in the administrative trial from the perspective of case analysis,focusing on the argumentation part of the judgment document by analyzing the Judgment Document of the court,this paper studies the application conditions of the principle of due process in the administrative trial of our country,analyzes the shortcomings of the application conditions of the principle of due process in the judicial practice,and tries to base on the case,and puts forward some corresponding suggestions for improvement.The article is divided into three parts.The first chapter introduces the basic theory of applying the principle of due process in administrative trial,including the principle of due process and its theoretical source,the application of the principle of due process in administrative trials of the normative value,the feasibility of the application of the principle of due process in administrative trials.The second chapter introduces the current situation and problems of the application conditions of the principle of due process in administrative trial.It includes the current situation of the application condition of the principle of due process in the administrative trial and the problems in the application condition.The third chapter introduces how to perfect the conditions of applying the principle of due process in administrative trial,specifically,it includes the scope of the object of due process principle,the basis of bringing social rights into the scope of due process principle,and the procedural requirement that the standard of time sequence should not be regarded as due process principle.