An Empirical Study Of The Principle Of Due Process In The Application Of Administrative Trial

Since the court first used the "due process principle" in administrative cases in 2004,China's administrative trials began to use the principle of "due process" as a basis for reviewing the legitimacy of administrative actions.The principle of due process has been paid more and more attention.It not only protects citizens' rights,makes up for the deficiencies of laws and regulations,but also regulates administrative behavior.However,due to the abstraction and instability of the principle of due process,there are many problems in the specific application process.Therefore,this paper mainly starts from the judicial practice of applying the principle of due process,and analyzes the judgment of the application of due process principle in judicial practice.It aims to clarify the characteristics and existing problems of the principle of due process in the development of administrative law,and make recommendations for the development of this principle in judicial practice,so as to give full play to the role of due process principles in the construction of Chinese procedures.The article is expanded from the following three sections:The first part is the application status of the principle of due process in administrative trials.Firstly,the provisions of the law of China on the principle of due process are sorted out.Secondly,the typical judgments such as Tian Yong case,Liu Yanwen case and Zhang Chengyin case are used as an example to summarize the characteristics of China's application from the initiation to the growth to the development stage.It is a categorization of more than 2,000 judgments based on the general trend of development,the level of the region,the level of the court,the types of administrative acts involved,and the connotation of the principle of due process,and concludes that the principle of due process is presented in the judicial application.The law of the out.In order to make a clear exposition of the development status and future prospects of the principle in our country's judicial practice,we must sort out the institutional development and judicial practice of the principle,and make a preliminary discussion on the subsequent content of the article.The second part is the problem of the principle of due process in the application of administrative trials.Through the analysis of the judgments applying the principleof due process,the problems existing in the application of the principle are summarized in the form of enumerated cases,and the basis for the path selection of the third part is laid.The third part is to improve the development path of the principle of due process in the application of administrative trials.On the basis of the analysis of the judgments applying the principle of due process,the paper summarizes the problems existing in the application of the principle of due process,and proposes constructive opinions on how to apply the principle in judicial practice.