The Operation Of Due Process

Due process principle, was originated from Nature Justice of English law and Due Process of Law of American law, and consisted with procedure neutrality, procedure participation and procedure publicity. Localization is the way that Due process principle adopted in China. In judicial practice, the law court breaks the limitation of statute law, applying Due process principle to practice in a wide range. This action had been accepted by the Supreme People's Court, and was officially announced as guiding cases. In case of losing in lawsuit, administrative agencies changed their actions at the request of Due process, and built the structure of Due process with three main elements, which are no partiality, public hearing and administrative publicity According to the structure, three systems are established:administrative avoidance, administrative hearing and information disclosure. According to the analysis based on the judicial practice to Due process principle and the construction of connotation to administrative process, we found that there are still some obstacles that Due process principle may face. For instance, the problems could be existed in the completeness of content, the effectiveness of System design and the value localization. The method that we can adopt is rethinking and deepening the ideas, and exploring in the directions of centralizing the administrative procedures code and complementing the judicial cases.