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A Study On The Application Of Due Process Principle In China's Administrative Trial

Posted on:2019-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:H P XuFull Text:PDF
GTID:2346330542481630Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Because of discretion the executive continues to expand,leading to the phenomenon of the abuse of executive power,prejudice the legitimate interests of citizens gradually increase.As one of the basic requirements of administration according to law,the implementation outline has gradually become the focus of administrative jurisprudence in the regulation of administrative power through due process principle.Because we has not set administrative procedures code in our country yet,the principle of due process scattered in various special laws and local regulatory documents.Therefore,how to apply the principles of due process in the administrative trial to review the legality of executive power,to achieve the minimum justice,protect civil rights,become our biggest challenge.Many local courts in China have tried to apply the principle of due process in administrative trials to examine the legality of administrative actions,since the principle of procedural principle is appeared in"Tianyong case".In this paper,the application of the principle of due process in our administrative trial,described in the following four sections.The first part mainly through the combing and analysis of the sample case,found that the principle of due process in the application of administrative trial in the evolution of the process from the embryonic stage to the growth stage,to flowering results stage.The principle of due process has the following rules in the application of justice:the contents of the principle of due process through the judicial case of continuous complement,and perfect,the applicable object and scope of the principle of due process have been gradually expanded,the way in which the courts use the principles of due process is maturing.The second part is to combine the sample cases to analyze thereasoning process of the judge in applying the principle.We can find out that the judge uses the purpose explanation?expansion explanation and system interpretation to explaintheconnotation of the principle of due process in the trial,demonstrates the importance of the process of the judges' thought in law.In addition,in the process of applying the principle of due process,the court is not only influenced by the theoretical circle of administrative law,but also influenced by the simple sense of justice in the early period,which further shows that the principle of due process is universal.In addition,The third part points out that there are still some problems in the application of judicial application in our country.For instance,the lack of use of reasoning for the application?there are neglect and misuse of the proper procedure?the due process and the legal procedure are confused in the application?applicable standards are not clear and so on.The fourth part is to put forward suggestions on improving the application of justice,to strengthen the judicial application of the avoidance system and reasoning,pay attention to the extraction and application of effective judicial experience,unified legal application standards,hoping to provide theoretical inspiration to promote the principle of due process in China's administrative trial.
Keywords/Search Tags:The keyword, Due process principle, Administrative trial, Law applicable, Legal inference
PDF Full Text Request
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