On How To Use Just Legal Procdure

In the era that the modern countries pursue the role by law, due process system, as an important indicator of the rule by law, has suffered an unprecedented attention .As a new theory which is closely related to the protection of human rights ,it is concerned by many scholars. On the basis of the results of research scholars, from the point of how to use the due process of the Criminal Procedure Law by combination of the emergence of a tromped-up case with building a harmonious society, the author bring forth his view.The paper includes three parts.The paper begins with the preface ,the first part, in which the author brings forth the main questions, the research methods and path and the basic design of the paper.The full text is in the second part which includes three chapters.The first chapter is about the definition of the due process. First, the author analyses the proper meaning of the due process from the jurisprudence and by systematically generalizing kinds of messy, vague theories, provides the right guide to right use of the due process.The second chapter is one of the key points which deals with the phenomenon and questions about the uses of the due process the criminal sentencing. In the judicial practice, according to the research into the judicial research and several criminal cases, the paper analyses the improper practical use of the due process. The third chapter is about the empirical research and reform path, which is key in the paper, discusses the proper use of the due process in the criminal sentencing, and brings forward the new supporting design for reform and completion of several systems.Based on the above-analysed research, the paper comes to a conclusion that the proper use of the due process is not only a lawful question but a social question. The due lawful process must be treated and be strictly observed in order that human rights must be respected, the expected just must be realized; the rights of action must be respected, process rights must not be abused; just justice must be pursued, justice harmony and social harmony must be promoted.