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On Procedure Security

Posted on:2007-01-02Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y Q HuFull Text:PDF
GTID:1116360185478728Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Procedure security is a fundamental value that must be observed in the operation of procedure. Compared with the ordinary social procedure, the security value in the procedure of operation of public power appears especially important. On one hand, the operation of the procedure of public power needs a value baseline for safeguarding the procedural civilization; on the other hand, the public power with its inherent characteristic of power needs a kind of power that acts as impediments to restrain its malpractice and expansion. Therefore, procedure security with the protection of human rights and the dignity of human being as its core becomes value basis in the operation of the procedure of public power.In recent years, the theoretical research on the procedure of the operation of public power in China has marched into an exciting stage. Firstly, the studies of the restraint of the use of public power has been put more emphasis in theory and the operation of power in accordance with the law has been emphasized in institutional construction. Secondly, we have cast off the yoke of orientation of substantive law and began to pursue the procedure justice and due process and explore the procedural regulation of the operation of public power on such basis. Thirdly, the provision of protection of human rights has been written into the constitution also added new vitality for balancing the power and rights. However, at the same time, the phenomenon of people's safety have been harming by the public power in China could not be eradicated, even in some specific realms the operation of public power has been worsening. So the reflections on some topics seemed to be na?ve have to be conducted again by the legal circles that immersed in the romantic feeling of the rule of law. The issue of procedure security thus hastened to come into being in such contextThis dissertation tries to expound in the perspective of the combination of public...
Keywords/Search Tags:procedure, security, public power, operation, humanism
PDF Full Text Request
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