Establishing the concept of procedural fairness requires that political and legal organs should aim

The principle of procedural fairness refers to the reasonable handling of the relationship between public interests and personal interests by administrative law enforcement agencies in administrative management activities, and the equal treatment of the other party in terms of procedure.

Public interest refers to the common interests of an unspecified number of people within a certain range, and is the public material interests and spiritual needs including national interests, class interests, national interests, and collective interests. Public interest has the characteristics of direct relevance, reducibility, variability of content, and inexhaustibility.

Public interest is the justification of the existence of the country, and the concept of public interest is the main limit to define the necessity of behavior, and the definition of public interest has certain practical significance, but due to the high abstraction of the concept of public interest, the diversity of content, the contradiction of the structure and the difficulty of determining the beneficiary object, different eras, different regions, and different subjects do not agree with the understanding of the concept and characteristics of Qingzhen.

Public:

The public is relative to the individual, and according to the explanation of the Etymology, the public is the common of the public. So, how to determine the scope of the public, generally speaking, there are two ways. The first is based on the territorial criterion, which was proposed by the German scholar Leuthold in the article "Public Interest and Public Litigation in Administrative Law", that is, the public interest is the interest of the majority of the number of people in a relevant space, in other words, this territory or space is divided by region, and most of them are based on national (political, administrative) organizations.

Due process as a fundamental principle of administrative law, Chi Wangxin.

It also fundamentally carries the basic value pursuit of modern administrative procedures - procedural justice, which is an important guarantee to ensure that procedural justice can be realized in the operation of administrative power. Specifically, the so-called principle of due process in administrative law, or abbreviation"The principle of administrative legitimacy", i.e., the exercise of executive power must meet minimum standards of procedural fairness. According to the above-mentioned three minimum requirements for the legitimacy of administrative procedures, namely, procedural neutrality, procedural participation, and procedural openness, the principle of administrative propriety can be specifically derived from the three basic contents of avoiding favoritism, administrative participation, and administrative openness.

1. Avoid the principle of favoritism.

2. The principle of administrative participation.

3. The principle of administrative openness.

First of all, the principle of due process is conducive to preventing the abuse of administrative power and ensuring the realization of substantive justice. The history of human practice of the rule of law has shown that procedure is the best tool for exercising control over power. A set of well-organized, rationally designed, and fully embodied the "voices" of all quarters is undoubtedly the most effective measure to enable the correct exercise of administrative power and the legal protection of the rights of the counterpart.

This is the mission of the principle of due process of law. It requires the impartiality of the administrative subject; It gives the parties the opportunity to request a hearing and participate in the exercise of their powers; It stipulates the disclosure obligations of administrative entities such as identifying themselves, informing reasons, and explaining the basis, so as to ensure the just, fair and open exercise of administrative power, prevent abuse of power, and ensure the realization of substantive justice.

Secondly, the principle of due process of law embodies the protection of human rights. On the basis of the principle of due process of law, participants in the procedure can directly enjoy and exercise procedural rights in accordance with the provisions of due process of law, such as being informed of the reasons and requesting a hearing, which can regulate the proper operation of state power and is a concrete embodiment of "restricting power with rights", so as to ensure the effective realization of human rights and prevent unlawful infringement of human rights that may be caused by state power.

Moreover, the principle of due process of law is a concrete manifestation of the spirit of democracy. The essence of democracy is that the people are the masters of the country, and the people are the masters of everything that belongs to the people themselves. Under the requirements of the principle of due process of law, all acts of administrative organs, including legislation, law enforcement, justice, supervision, etc., must involve the parties concerned or the public extensively, and this is undoubtedly a concrete embodiment of the spirit of democracy.

Hello! Judicial impartiality refers to the ideal state achieved by various factors in the operation of judicial power, which is an important symbol of political democracy and progress in modern society, and is also an important guarantee for the economic development and social stability of modern countries. It is the requirement of the law itself and the requirement of governing the country according to law, and its basic connotation is to embody the spirit of fairness, equality, legitimacy, and justice in the process and results of judicial activities.

Its main body is judicial personnel who are mainly judges. The object of judicial fairness includes the person in charge of all kinds of cases and other participants in the litigation. Judicial fairness includes substantive fairness and procedural fairness, the former is the fundamental goal of judicial fairness, and the latter is an important guarantee of judicial fairness.

The relationship between overall justice and individual justice reflects the value orientation and orientation of judicial justice.

The basic principles for judging procedural fairness are:

1) the principle of independence; (2) the principle of avoidance; (3) The principle of openness.

Thanks for reading!

Answer]: a, b, c

Test Center] Judicial Impartiality.

Analysis] Judicial impartiality is to embody the spirit of fairness, equality, legitimacy, and justice in the process and results of judicial activities. Judicial fairness is an integral part and basic content of the rule of law, and is the inevitable demand of the people for the rule of law.

Substantive justice refers to the discovery of the truth of the case and the correct use of substantive law. The pursuit of substantive justice is the basic norm of China's judicial system and legal professional ethics, and item B is correct. Celebration of the chop.

Procedural fairness refers to the legitimacy and reasonableness of the judicial process, including the equal participation of the parties, strict adherence to legal procedures, and the judge's intermediate judgment. Ensure that the parties are treated fairly, and that item c is correct.

In terms of judicial value orientation, China adheres to the principle of "giving priority to fairness and taking into account efficiency", and constantly improves various adjudication systems. Article 1 of the Provisions on Evidence in Civil Procedure incorporates the principle of free testimony, stipulating that adjudicators shall comprehensively and objectively review evidence in accordance with legal procedures, and follow the professional ethics of judges in accordance with the provisions of the law. Using logical reasoning and daily life experience, students independently judge whether evidence has probative power and how much probative it is, and disclose the reasons and results of the judgment.

This provision regards the spirit of the principle of free testimony as a supplementary means of judicial fairness, indicating that the principle of free testimony has been recognized by China to a certain extent. However, China's Criminal Law stipulates the principle of legality of crimes and prohibits analogy, so "analogy" and "free testimony" cannot be used as supplementary means of judicial fairness, and item D is wrong.

a.Clarify the procedures for ethical review.

b.The Bureau of Public Promotion, which is recruiting subjects, is making public the criteria and procedures for "access" and "exclusion".

c.Establish procedures for disclosure and monitoring of conflicts of interest and profit.

d.Risks and benefits should be shared equitably.

Correct answer: ABC

Cons Tongque Answer] :d

The principle of impartiality includes both substantive and procedural fairness. The requirements for substantive justice are: administrative punishment in accordance with the law, without impartiality; Treat the counterpart equally and do not discriminate; Reasonable consideration of relevant factors, not arbitrary.

The requirements of procedural fairness are: when dealing with matters involving one's own interests or adjudicating disputes with one's own interests, a recusal system should be implemented: no rent should be made without prior notice and hearing the counterpart's defense opinions.