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On the Due Process of Law System Consummation in China

Author: LuoShiCheng
Tutor: WangRuiLong
School: Central South University for Nationalities
Course: Legal Theory
Keywords: Due process of law The value of the independence of the proceedings Legitimacy of evaluation criteria The responsibility of the proceedings
CLC: D920.0
Type: Master's thesis
Year: 2009
Downloads: 121
Quote: 1
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Abstract


Modern rule of law to a large extent the performance of the program and the rule of law, without due process of law is the fundamental difference between the rule of law and the rule of man, not the performance of due process of law will not the true meaning of the rule of law. Due process of law restricting the abuse of power to ensure that legal justice, bearing legal value, the function of the system to protect the human rights of citizens and the basic role of the rule of law, determine in our country to the rule of law for the country's ills today, build more improve the system of due process of law is of great practical significance. The concept of due process of law is the logical starting point of the discussion topics. In the the study academic basis of the definition of the concept of due process of law, the authors believe that due process of law has a double meaning: in the real sense, it refers except in accordance with the appropriate laws, rights and freedoms can not be deprived of; formal sense, means that once the behavior by law to determine that the proper procedure must be accompanied by their natural legitimate legislative, administrative and judicial proceedings. The \The author is in favor unified standard of value, because the results validity criteria can not be solved proceedings moral issues, the effectiveness of the process value standard is overly simplistic and idealistic, and the unified standard of value fully inclusive instrumental value and independence of the proceedings value. Question of the value of the due process of law is one of the core issues of due process of law theory. Through analysis, we can see that the due process of law on the one hand with the protection of the rights and obligations of the entity to achieve, to make up for the lack of substantive laws instrumental value; On the other hand, more importantly, it also contains a guarantee of procedural justice, maintenance procedures independence of the value of peace, reflecting the program desirable. Of due process of law system in the design and implementation of in accordance with the unified standard of value, there are still many problems. In the area of ??legislative procedures, rules crude and sparse, the lack of game mechanism, low levels of representations; in the civil sector, the State Standards are still actually occupy the position of the guiding ideology of civil litigation and arbitration; frequently violated the legitimate rights of criminal suspects in the field of criminal the principles of human rights has not yet been effectively implement and universal adherence; often a mere formality in the field of administrative procedures, administrative hearing; and the lack of responsibility of the proceedings is objectively exacerbated by the indifference of the people on the rules of procedure. History of feudal totalitarian regime, the lag of the current reform of the political system; lack of the concept of due process of law, ignorance of citizens due process of law system is the main reason to cause so many problems. To solve the above problem, get rid of the current plight of, shall take appropriate measures to improve the system of due process of law. To this end, the authors propose the following recommendations: to promote the people-oriented, the independence of the judiciary as well as attention to the independence of the value for the content of due process of law concept of, and as the idea of ??security to build a system of due process of law; targeted for specific institutional defects reform and innovation, improve the hearing system to correct the the State Standards tendency of the field of civil protection principles of human rights throughout the criminal proceedings always clearly defined the responsibility of the proceedings; accelerate the reform of the political system, to really establish a Power Operating Mechanism build a system of due process of law and to protect the fundamental guarantee for the smooth implementation and implementation, solve the problem.

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CLC: > Political, legal > Legal > Chinese law > Theory
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