The source of the principle of due process, what is the principle of due process

The following describes the origins and development of the principle of due process.

The concept of procedural justification has long been germinated in the history of Western law, and the requirement to distinguish due process from due process has been formed. In general, the English Magna Carta of 1215 is cited as the source of the principle of "due process". Article 39 of the Magna Carta states:

No free citizen shall be subject to imprisonment, appropriation of property, deprivation of citizenship, exile or any other form of punishment, nor shall he be subject to public attack and expulsion, except in accordance with domestic law. According to sources, prior to the Magna Carta of England in 1215, Condra II of the Holy Roman Empire in the Middle Ages issued a decree stating that "no one shall be deprived of his fiefdom except by the laws of the empire and by the judgment of nobles of equal status"[4]. It can be seen that in the judicial activities of the time, the trial according to the "imperial law" was an indispensable procedure for the deprivation of fiefdoms.

The term "imperial law" here has much the same meaning as "the law of the land" more than 200 years later. It has been commented that the Magna Carta is not because of its enormous length, but because of the importance and sublime greatness of what it contains. The Magna Carta brought blessings to the people, and these blessings referred in particular to the benefits of the procedures developed in the history of the common law, such as the well-known proceedings of the ordinary courts, the initiation of proceedings by grand jury, trials "according to the laws of the king", habeas corpus, protection from monopolies, and the prohibition of taxation without the consent of Parliament[5].

It can be seen that much of the historical status of Magna Carta is due to its provisions on due process.

It is conceivable that the English Statute of 1215 has a closer relationship with the ancient English principles of natural justice. The content of "natural justice"[6] broadly includes two basic rules of procedure: (1) no one can hear a case in which he or she has an interest in himself, i.e., no person or group of people can be the judge of his own case.

2) The pleadings of either party are to be heard audi alteram partem, i.e. today the so-called any person or group of people who exercise their power in a way that may adversely affect others must be heard by the other side, and everyone has the right to defend and defend himself. If we inquire further, then, in view of the fact that the concept of natural justice is often used in conjunction with natural law, the law of equity, the supreme law and other similar concepts, we can presume that the principle of natural justice has its origin in natural law. [7]

The principle of due process of law is broad and narrow. The principle of due process of law in a broad sense refers to the basic procedural principles of the entire administrative law, including the principle of administrative openness, fairness and justice, as well as the specific principles of administrative procedure. The principle of due process in the narrow sense refers only to the principle equivalent of natural justice in English administrative law and due process in American administrative law.

Administrative organs taking administrative acts that affect the rights and interests of their administrative counterparts must follow due legal procedures, including informing the counterpart in advance, explaining the basis and reasons for the act to the counterpart, hearing the counterpart's statements and defenses, and providing the counterpart with corresponding remedies after the fact.

The principle of due process means that when an administrative organ takes an administrative act that affects the rights and interests of the administrative counterpart, it must follow the legal procedures, including informing the counterpart in advance, explaining the basis and reasons for the act to the counterpart, hearing the counterpart's statement and defense, and providing the counterpart with corresponding remedies afterwards. Due process is embodied in the original burial of He Fangfu.

1) No one shall be the judge of his own case.

2) Any person shall be provided with a fair hearing or other opportunity to be heard before being punished or otherwise disadvantaged.

3) No one shall be deprived of his life, liberty or property without due process of law.

Article 37 of the Administrative Licensing Law provides that after the administrative organ reviews the application for administrative licensing, it shall make an administrative licensing decision in accordance with the prescribed procedures within the statutory time limit, in addition to making an administrative licensing decision on the spot.

The principle of due process refers to administrative acts taken by administrative organs that affect the rights and interests of their administrative counterparts.

Due legal procedures must be followed, including informing the counterparty in advance, explaining the basis and reasons for the counterparty's conduct, hearing the counterparty's statements and defenses, and providing the counterpart with corresponding remedies afterwards.

The principle of due process is embodied in:

1) No one shall be the judge of his own case.

2) Any person shall be provided with a fair hearing or other opportunity to hear his or her views before being punished or otherwise disadvantaged.

3) No one shall be deprived of his life, liberty or property without due process of law.

Legal basis] Administrative Licensing Law.

Article 37: After the administrative organ examines the application for administrative licensing, in addition to making an administrative licensing decision on the spot, it shall make an administrative licensing decision in accordance with the prescribed procedures within the statutory time limit.

Legal analysis: The principle of due process refers to the fact that administrative organs must follow due legal procedures when making administrative acts that affect the rights and interests of the administrative counterpart, including informing the counterpart in advance, explaining the basis and reasons for the act to the counterpart, hearing the counterpart's statements and defenses, and providing the counterpart with corresponding remedies afterwards. The principle of due process is embodied in the Bright Tree

1) No one shall be the judge of his own case. (2) Any person shall be provided with a fair hearing or other opportunity to hear his or her views before being punished or otherwise disadvantaged. 3) No one shall be deprived of his life, liberty or property without due process of law.

Legal basis: Article 37 of the Administrative Licensing Law of the People's Republic of China After the administrative organ reviews the application for administrative licensing, in addition to making an administrative licensing decision on the spot, it shall make an administrative licensing decision in accordance with the prescribed procedures within the statutory time limit.

The principle of due process refers to the need for administrative organs to take administrative acts in accordance with the procedures and rules prescribed by law when exercising their administrative functions and powers in accordance with the law. For example, an administrative organ can only make an administrative penalty decision on the spot if the facts of the violation are conclusive, there is a statutory basis, and the punishment is relatively light.

Article 36 of the Administrative Punishment Law of the People's Republic of China.

Where the illegal conduct is not discovered within two years, an administrative punishment is not to be given; Where citizens' lives, health, safety, or financial security are involved and there are harmful consequences, the above period is extended to five years. Except as otherwise provided by law.

Article 51.

Where the facts of the violation are conclusive and there is a legally-prescribed basis, and an administrative punishment of up to 200 RMB is imposed on a citizen, or up to 3,000 RMB is imposed on a legal person or other organization, an administrative punishment decision may be made on the spot. Where the law provides otherwise, follow those provisions.

Article 60. Administrative organs shall make an administrative punishment decision within 90 days of filing the remaining administrative punishment cases on their own. Where laws, regulations, or rules provide otherwise, follow those provisions.