正当程序的宪政之维

Dimension of Constitutional Government of Due Process

正当程序作为宪法的基本原则,已经得到现代法治国家的普遍认可。它对一国宪政的发展具有树立宪法权威、建构法治、控制权力和保障人权等价值。针对我国的宪政现状,应从改造人们的程序观念、增加宪法的程序性条款、完善我国的程序法律和程序控权与保权的制度设计等几个方面入手构造正当程序,以推动我国宪政建设走上更成熟的道路。

As a basic principle of constitutional law, due process has been generally acknowledged in modern rule -of - law countries of the world. It contributes to the development of constitutional government in the functions of constructing the rule of law, establishing constitutional authority, controlling power and guaranteeing human rights, ect. This article aims at the condition of constitutional government in China, deals with such ways as reforming people＇s procedural notion, increasing constitutional procedural items, perfecting procedural law and power - controlled law and power - protected law in China,ere, so as to make Chinese constitutional government development more perfectible.