The Specific Application Of Theory Of Due Process In Administrative Trial

The Principle of Due Process was originated from the Principle of Natural Justice inBritish Common Law, acknowledged widely through Supreme Court of the United Statesjudicial precedents, and accepted and adopted worldwide. The Principle of Due Process cannot only limit the discretion of administrative executors efficiently, but also ensure theoptimization of choice, the rationality of decision and the realization of justice, abandoningarbitrariness meanwhile. Currently more and more attention has been paid to the Principle ofDue Process in Administrative law field of China. Obedience of the Principle of Due Processis the major trend of modern legal system and the righteous procedure in administrative trialsystem construction, which can also bring the exercise of administrative power into a legaltrack to achieve the protection of civil rights, making it a natural choice in harmonious societybuilding.According to our existing administrative procedures, it is noticed that more and moreimportance has been attached to the general concept of the Principle of Due Process. ThePrincipal of Due Process can not only cover the deficiency of legislation and protect civilrights, but also standardize administrative behaviors and curb corruption, which is neededcritically for China’s administrative law to integrate with global administrative laws.Therefore, by studying the Due Process theories and practice in foreign administrativeproceedings and integrating with detailed administrative trial cases in China’s Due Processapplications, the methodology of comparison and example argumentation are adopted in thisarticle to propose the necessity and feasibility to construct the Principle of Due Process inadministrative proceedings of China, and through integrating with the value of Due Process inChina, to summarize methods to build Due Process in China’s administrative trials,meanwhile embodying the inevitability of the application of Due Process in Chinaadministrative trials. As a conclusion, this paper refers to the current situation of Due Processin China, and proposes that the Principle of Due Process is not only the requirement of ourprocedural legislation, but also the necessity for the development of our legal proceedings.