The Study On The Judicial Application Of Due Process Principle

The principle of due process is an important criterion to be followed in the operation of administrative power.The judicial review of administrative acts based on the principle of due process embodies the supervision and control of administrative power by judicial power,and it is also a prerequisite and necessary measure for the modernization of administrative rule of law.In the process of the development of the modern rule of law,although the procedure and the entity review can be compared in theory,they are still only the subsidiary parts of the entity in essence,and the value of due process,as a part of the procedure,is only understood as a tool to achieve the objective of justice and fairness of the entity.In recent years,with the deepening of legal theory research,modern legal research clearly indicates that due process is not only a means,but also has its own unique value and special function of restricting public power.Therefore,it is particularly important and urgent to apply due process principle to judicial review of administrative acts.This paper demonstrates the current situation of the application of due process principle in China from the aspects of concept,and practical cases,and puts forward several suggestions for improvement.The first part of this paper starts with the concept,expounds the emergence and connotation of the principle of due process,and the relationship between due process and judicial review,then expounds the necessity of due process as the standard of judicial review of administrative acts.The second part mainly turns to several typical administrative cases involving due process principles in recent years,such as Tian Yong v.Beijing University of science and technology,Yu yanru v.Beijing University,etc.Through analyzing the review concept of due process in specific administrative acts and the current situation of due process in judicial application,the third part analyzes the defects of the application of the principle of due process in the judicial review of administrative acts,and reminds people that the current deficiencies have seriously affected the practice of judicial review of administrative acts.