Procedural Safeguard Of The Constitutional Rights Of Chinese Citizens

First,this paper makes an analysis of the general theories of,which focuses on expounding the concepts,charecteristics,functions and values of the principle of the due process of law and procedural rights.On the basis of this discussion ,this part also puts forward the principles and measures on the realization of the due process of law ,procedural rights and the branches of law in the process of procedural safeguard of the constitutional rights of citizens.Second, a comparative study has been made on the safeguard patterns between the commom law system and the civil law system . In this part ,a classfication has been made macroscopically in which the procedural safeguard patterns of the constitutional rights of citizens in western contries has been divided into two parts : the commom law system and the civil law system,and an investigation of these two law systems has been made respetively .Then macroscopically,a diachronic and synchronic research have been conducted . On the basis of comparison of the procedural safeguard patterns of the constitutional rights of citizens between the two law systems have been summarized as legitimate procedure pattern and strict regulation pattern . Furthermore, a deeper analysis of the value ,advantages and disadvantages of the two different patterns has been made ,which can be used for reference in the constitution of the procedural safeguard pattern of the constituional rights of citizens with Chinese characteristics.On the one hand ,achievements have been made in the procedural safeguard of the constituional rights of citizens;On the other hand ,chinese citizens lack the awareness of procedure and there is imperfection of regulations of the constitutional rights of citizens in costitution . A deeper analysis of the cause of this situation has also been made . In view of the cause ,the final part proposes concrete healthy and sound measures and ascientific standard and perfect general goal of procedural safeguard system which focused on the procedural rights of citizens ,is guided by the principle of the due process of law and relied on the support of the branches of law.