正当程序(Due process),又称为“正当的法律程序”,是法律实施的方法和过程,是程序公正的基本要求。最早见之于英国的《自由大宪章》和《人身保护法》中,美国将《权利法案》中的一系列保证刑事诉讼公正进行的规定,称为正当程序条款。正当程序在西方法律发展史上产生了巨大的影 Due process, also known as “due process of law”, is the method and process of law enforcement and is the basic requirement of procedural fairness. The earliest seen in Britain’s “Magna Carta” and “Personal Protection Act”, the United States Bill of Rights Bill of Rights in a series of provisions to ensure criminal proceedings fair, called due process clauses. Due process has had a huge shadow in the history of the development of Western law