Research on the Due Process of Faith-Breaking Punishment Mechanism in
the Digital Era in China
Xiuzhong Pan
In the digital era, with the government actively boosting technological, intelligent, and automated governance, the due process of the faith-breaking punishment mechanism is confronted with new challenges. Under the construction of a digital government ruled by law, the principle of due process for faith-breaking punishment should adhere to its core from procedural justice, procedural participation, and administrative publicness. First, in terms of procedural justice, the government should ensure that faith-breaking punishment is just, fair, and non-discriminatory and that everyone is treated equally in the process of punishment. Secondly, as to procedural participation, the government should allow parties and stakeholders to participate in the decision-making process to protect their legitimate rights and interests. Finally, in the case of administrative publicness, the government should guarantee that the information and decisions on faith-breaking punishment are transparent and accessible, allowing the public to supervise the government’s decision-making process. Only in this way can the principle of due process of faith-breaking punishment realize the transformation from formal equality to substantive equality, from partial participation to full participation, and from relative publicness to overall publicness, maintaining public trust and realizing the legitimacy and justice of governance.
Keywords: DigitalEra, Faith-Breaking Punishment, Due Process