The Legal Research On Introduce Due Process As A Principle Into Constitution

In the modern society, people concern themselves with the protection of rights and freedoms; also need to bind the government power. China gradually emerged from the shadow of history for a long exploration, and continue with effort to establish a new social civilization, the rule of law and constitutional succession were brought to the party and the national agenda. Against such a backdrop, "due process" as a matter of principle enunciated in the Constitution is in line with the trend of the times. It is not only conducive to promoting national reform of the judicial system, but also to enhance our concept of rule of law and Constitutionalism theory. How to introduce the" due process"in our present constitution as a principle and how to establish and consummate corresponding system have practical significance.Legal theory is often before law system, but Chinese domestic legal system does not have sufficient resources, and more need to transplant from abroad. There is nothing wrong, the key is how to properly absorb and transform our national things. There are many successful examples abroad. It should be noted that there will be unknown contradictions in the process for the different concept and cultural. Therefore, Facing the existing problems and shortcomings of legal regime of China, author constructively propose that we should enunciate "due process" as a principle in the Constitution, and establish the review of the constitution system in line with Chinese conditions and the constitution supervision system. These not only require we study deeply the specific situations and national psychology, integrate with the essence of ancient and modern in China and abroad legal experience, also need the courage and wisdom of reform of our generation。...