A Study On The Judicial Application Of The Principle Of Administrative Due Process

As a basic principle of administrative law,the principle of administrative due process is widely used in China’s judicature.The judicial application of the principle of administrative due process refers to the use of the principle of "due process" in administrative trial as the basis for reviewing the legitimacy of administrative acts,and the judicial review of administrative power by using the principle of administrative due process in administrative trial.Now,due process has been widely used in court decisions.The author first introduces the meaning,content,development and positive significance of the application of administrative due process.Secondly,it summarizes the current situation of the judicial application of the principle of administrative due process in China,and then refines and analyzes the difficulties of the application of the principle of administrative due process.Finally,it will give the path of improvement.The specific development is as follows: the first part introduces the meaning of the principle of administrative due process and the significance of its judicial application,including the meaning and content of the principle of administrative due process,the theoretical development of the judicial application of the principle of administrative due process and the significance of the application of the principle of administrative due process.The second part is the current situation and dilemma of the application of the principle of administrative due process by the court after years of judicial practice.The current situation of the application of the principle of administrative due process is that the courts widely use the principle of administrative due process to make up for legal loopholes,the courts deliberately blur the boundary between due process and legal procedure,and the courts’ awareness of actively using the principle of administrative due process is constantly strengthened.The specific application dilemma of the principle of administrative due process in the process of judicial application is whether the "non actual legal principle" can be used as the basis for judicial application,the confusion between the application of the principle of administrative due process and the principle of legal administrative procedure,and the confusion of the review standard of the court’s violation of the principle of administrative due process,Fourth,the reasons for the application of the principle of administrative due process in court decisions are insufficient.The third part is that in the critical period and transition period of comprehensively ruling the country according to law and promoting national modernization,the author tries to give a perfect path for judges to apply the principle of due process in judicial practice.First of all,the court should improve the way of applying the "non established legal principles" in judicature,including taking the principle of due process as the material or material of legal interpretation and establishing the case guidance system at the present stage.In the future,it should formulate the administrative procedure law and implement the principle of due process into the code;Secondly,the court clarified the scope of application of the principle of legal administrative procedure and the principle of administrative due process,that is,the compulsory procedure should follow the principle of legal administrative procedure,while the right procedure should follow the principle of administrative due process;Thirdly,the court should clarify the review standard of violating the principle of administrative due process in judicial review,distinguish the boundary between "violating legal procedure" and "abusing power" and "obviously improper",and draw the conclusion that violating the principle of administrative due process belongs to "violating legal procedure";Finally,the court should strengthen the interpretation and explanation of reasons in the judgment.The extensive application of the principle of administrative due process in judgments reflects the positive attitude and active position of the court in maintaining justice and developing law in a confined space,the urgent need of the practical community for the application of the principle of due process,the pursuit of substantive justice and the efforts to establish legal order,Therefore,this study will contribute to the development of the principle of administrative due process in the judicial application of our country.