Application Of Due Process Principle In Administrative Judgment

With the development of the concept of procedural justice,the function of litigation procedure has been further expanded.It has been recognized as the main function of procedure to realize procedural justice and to provide legitimacy for substantive results through the fairness and rationality of procedure.The principle of due process developed gradually from the trial procedure at the beginning to the system to protect the basic rights,which provided an effective means for the realization of substantive law and realized the independent value of the procedure.The principle of due process originated from "natural justice" in England,and "natural justice" from the beginning only applies to justice,quasi justice development to beyond the scope of justice to a more general role-to protect basic rights.Under the guidance of the fundamental goal of protecting fundamental rights,procedural justice shows its importance in the scope of administration and justice.With the rapid development of judicial openness and the advent of information age,the study of due process principle in judicial practice can not be limited to the published bulletin cases.This paper mainly collects and selects the "first-hand" cases and the authoritative cases selected in the judgment document network,and explores the status and problems of due process principle in judicial application by comparing the differences between the two cases in terms of distribution time and judgment reasons.In view of the possible impact of the revision date of the administrative procedure law,we selected the cases of due process principles in2014-2016 as research samples to observe the actual situation of due process principles in domestic judicial application.As well as the analysis of some specific cases of the application of the principle of "special" to find more problems in the application of due process principles.The 566 case samples are used to explore which factors play an active role in the judicial application of due process principles,and what are the difficulties of due process principles in judicial practice.This paper mainly studies the practical problems and combines the theory with practice,hoping to provide suggestions for the application and development of due process principle in judicial practice.