On Due Process Of Law

Legal due process (Due Process of Law), is usually translated as "due process of law" or "due process." "Any person should not be deprived of life, liberty and property, without due process of law " is a classic presentation of the principles of due process of law. It has been regarded as an important concept of the rule of law and constitutional principle. It originated from "natural justice" in Britain, developed in the United States, and spread in the world. Focusing on procedural fairness has been increasingly becoming common value in a modern country with the rule of law. The principle of due process has become a cornerstone of the constitutional State.Now, all countries in the world have their own system of due process, even though they may not be called "due process" . For example, it has its own style of "defense" system in France. Germany's Basic Law has also absorbed the value of due process.The United States established the most comprehensive system of due process in the world. In the United States, due process divided into two categories: "procedural due process" and "substantive due process." Substantive due process requires that laws enacted by Congress must be fair and justice. If the Congress enacts a law that deprives an individual of life, liberty or property, without fairness and justice standards, the Court will declare the law invalid. Procedural due process requires that when the government wants to deprive of individuals' life, liberty or property, the parties must be listened and be entitled to a hearing. The hearing is the core of procedural due process .In this paper, it will analysis the meaning of "proper" process of law, the way to judge "due process of law", the scope of the rights, and the meaning of benefits and privileges .The principle of due process is, in essence, a right to limit or to test the activities of the government. The Court use the judicial power to intervene the extensive powers of the government. It aims to protect the rights of individuals and is an important judicial review system.The development of the system of due process of law is supported by the theory. Due process of law has closely related with the theory of procedural justice, natural law and the rule of law. The Procedural Justice Theory has its own independent value; the theory of natural law is the earliest source of the forming of the due process, as well as the standard of judgment of substantive due process; Due process is an important way to realize "the rule of law", and "the rule of law" also directs the development of due process."Ruling the country by law and constructing a socialist country ruled of law" has been enshrined in the Constitution of China. People pay more attentions to the role and value of due process increasingly. We should establish the constitutional principles of due process and the various specific procedural rules. It has the positive significance on constructing the Constitution and establishing the authority of the law.