正当程序价值均衡论——正当程序标准问题新解.pdfVIP

Abstract April 3, 1999, Chongqing City, the First Intermediate Court changed the public prosecutor ’s charges in her rules to the case of “Qijiang rainbow bridge collapse “. Can a judge change the Public prosecutor’s charges caused widespread controversy in the academic world, and both of sides had resorted to the Due Process. The Counter-side attacked that the Court’s way violated the Due Process on the ground of the principle that “Allegations ought to separate from trial “and “neutral judge” etc.. What is Due Process, however, and what is its criteria? It needs more in-depth exploration. Following the history of Due Process that the Due Process came into being in the United Kingdom, developed, set off a climax in the United States, generally be adopted worldwide in this times, we can see that Due Process was generated in the United Kingdom for its own unique political, economic, cultural, religious and other factors of the its times. The concept or system of Due Process has being developing, changing, and each development , changes of the Due Process reflects the balance and conflic of its different value. Criteria for judging the legitimacy of Due Process is the core issue of the Due Process theory.There were many theories on it ，but every one of these theories has its drawbacks because of that “legitimacy” is a value judgment and is bound to lead to controvert ,so none can be insurmountable. To the criteria for judging the legitimacy of Due Process, it should be “Insist on the balance of value and oppose the one-sided”, “Insist on freely discretion of judges, oppose the statutory standard.”The theories of The Value Balance has its support from philosophy and The Principle of Proportionality of the administrative law,especially from judicial practic