The Application Of Due Process Principle In Administrative Judgement

The principle of due process originated in the United Kingdom and developed in the United States.It has gone through a process from "nonexistence" to "existence" in China.The principle of due process has the function of restraining public power,protecting human rights and filling the legal blank.Its importance is self-evident.This paper briefly describes the application of the principle of due process in administrative judgment from three aspects: theory,empirical analysis and improvement measures.The theoretical part of this paper explains the general principles of the application of due process,analyzes its legal function and effectiveness basis,and empirical analysis partly attempts to analyze the principle of due process by observing the 408 administrative judgments that invoked the principle of due process in 1999-2016 as the basis for judgment.The characteristics and problems in the application process provide a trend orientation for the court to encounter similar problems in administrative judgments.The improvement measures part of the proposal for the better development of due process principles in China from the perspective of the present and the future.Looking forward to the future,we should write the principle of due process into the statute,construct the Administrative Procedure Law,and analyze the necessity and feasibility of the Administrative Procedure Law.We must first expand the supervision channels of due process.Internal supervision and external supervision are two-pronged,making full use of the effectiveness of internal supervision of administrative procedures,and exerting external supervision,such as administrative trials,on administrative powers and providing minimum guarantees for relatives.