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The Practice Of Principles Of Examination Of Due Process In Administrative Trial

Posted on:2008-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:B YangFull Text:PDF
GTID:2166360245463833Subject:Law
Abstract/Summary:PDF Full Text Request
Due process of law, also be called due process or due legal process, is a very important legal system that established in American Amendment. Due process of law has been used in criminal field at first, and then developed in civil field and administrative field. Now, it has become an important principle in modern legal system. In judicial practice, the administrative act of administrative departments violates the due process but doesn't violate the legal process, the court can't repeal the executive action for it violates the due process, and the civil rights can't be protected. Recently years, the problems of procedural justice, such as the high liberty of enforcement of administrative law act, have become more and more, but the judicial review system at present has a definite impact on judicial authority of administrative trial in our country.The paper started studying form judicial examination and put an emphasis on principles of application, opportunities of examination, and intensity of examination when the court examine the validity of by using the examination standards of due process. This paper also took some trails for example to explain the application of examination standards of due process can supervise and urge the administrative departments to criterion and perfect the process of enforcement of administrative law act step by step, and it can embody the judicial function of effective supervision which administrative trial adjudicate the administrative departments according to law.
Keywords/Search Tags:due process, administrative trial, principle of examination
PDF Full Text Request
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