Study On The Procedural Issues Of Due Process

Procedural law must take due legal process as its essence of good law,and legal process as the basis and premise for regulating state power and guaranteeing civil rights;procedurality as one of the basic attributes of due legal process refers to the inherent complexity of specific social activities,an evaluation standard that combines the state of the analysis program with its specific expression.It mainly manifests as the number and density of procedural rules,procedural status,semantic clarity and equal opportunity of procedural subjects in the entire content of legal procedures.The procedural nature in different types of legal procedures should be different.This is closely related to the nature of the activities they correspond to.The nature of the activities themselves also has a decisive effect on the rules of the procedure.The procedures rules corresponding to simple or complex activities should have Different,the level of procedural will be different.The two qualities of due process of law-procedurality and legitimacy affect each other.High-quality procedurality and legitimacy coincide with each other and mutually enrich the connotation of due process.Generally speaking,the higher the procedural quality,the greater the role of the process as a purely legal process.The due process of law can be divided into specific levels according to its constituent elements.The different proportions of procedural and legitimacy in the legal process also directly affect thelegitimate level of the legal process.Taking China's current main procedural legislation as an entry point,although China's procedural law has been modified to varying degrees,there are still programs with an inappropriate number of procedural rules,low anti-interference ability of rule systems,unclear semantics of procedural rules,improper cohesion,and uneven opportunities for program subjects The problem of low quality,there are still some cases of improper thinking in the design of some procedures.These problems should be valued by people and the quality of the legal process should be improved.Starting from the top design,starting from the legislative concept and legislative technology,practical Improve the level of legislation,improve the quality of procedures with the connotation of thorough and proper legal procedures,and promote the construction of a benign procedural law in China.