正当法律程序之浅析

Analysis of due process of law

正当法律程序作为英美法系国家法治建设中的一项重要原则,其核心价值在于对公权力行为进行检验,以实现对个人权利的保障。正当法律程序开始于英国,具有浓厚的普通法传统,美国在继受该程序后,在宪政实践中把正当法律程序从程序性正当法律程序发展至实质性正当法律程序的层面。分析正当法律程序的起源,介绍正当法律程序在美国的产生和适用,着重分析实质性正当法律程序,论述正当法律程序对我国宪政发展的启示。

Due process of law is an important principle in the common law countries under the rule of law construc- tion such as in America and Great Britain. Its core value lies in checking out public power behavior in order to real- ize the protection of individual rights. Due process of law, which began in the UK, has a tradition of the common law. The United States follows the program and makes the due process of law develop from procedural due process of law to the level of substantive due process of law. The article analyzes the origin of the due process of law first, introduces the generation and application of due process of law in the United States, mainly analyzes the substantive due process of law, and finally discusses the instructions of the due process of law to our country＇s constitutional de- velopment.