Research on Due Process of Law (with a perspective of criminal procedure)

Author: Fan Chongyi, Shi Limei, Zhang Zhong, et al.
Publisher:
Publishing Date: 2005-05-01
Features: The book "Research on Due Process of Law—From the Perspective of Criminal Procedure" comprehensively reviews the origin and development of due process of law, clarifying its theoretical foundation, which includes the theories of justice, procedure, and the rule of law that determine the legitimacy, procedural nature, and legal nature of due process of law. It argues that the theory of justice is the source of its legitimacy, the theory of procedure is its procedural source, and the theory of the rule of law is its legal source. Regarding the value of due process of law, the book believes that it primarily manifests in promoting the rationalization, civilization, and democratization of human judicial systems. Based on this analysis, the book thoroughly discusses the relationship between due process of law and criminal procedure: on one hand, criminal procedure is the main carrier of due process of law; on the other hand, due process of law is the soul of criminal procedure. Finally, it proposes basic ideas and countermeasures for the reform of China's criminal procedure under the concept of due process of law. The book comprehensively reviews the origin and development of due process of law, clarifying its theoretical foundation, which includes the theories of justice, procedure, and the rule of law that determine the legitimacy, procedural nature, and legal nature of due process of law. It argues that the theory of justice is the source of its legitimacy, the theory of procedure is its procedural source, and the theory of the rule of law is its legal source. Regarding the value of due process of law, the book believes that it primarily manifests in promoting the rationalization, civilization, and democratization of human judicial systems. Based on this analysis, the book thoroughly discusses the relationship between due process of law and criminal procedure: on one hand, criminal procedure is the main carrier of due process of law; on the other hand, due process of law is the soul of criminal procedure. Finally, it proposes basic ideas and countermeasures for the reform of China's criminal procedure under the concept of due process of law.