On The Right To A Fair Trial

The right to a fair trial is a kind of important right, but in China it isn't cared enough by scholars and there are many deficiencies practically. This article aims to make more Chinese know this right and ensure citizens' right to a fair trial.It's divided into four parts.Part â…  discusses about its meaning and character and jurisprudential base with the method of jurisprudential analysis and historical method. The writer believes that the right to a fair trial is citizens' right to ask the court to judge their quarrel or indictment fairly. It's a fundamental right, procedural right and beneficial right etc. It can help ensure right, parity, justice, democracy and power- control.Part â…¡ introduces its important status in the international human right law with the comparative and historical method. The write thinks that the right to a fair trial is composed of many rights, such as the right of access to court, the right to an independence and impartial judiciary, the right to a public trial, the right to a prompt trial and etc.Part â…¢ is about the right to a fair trial in China from the past to nowadays. Before the end of Qing dynasty, citizens'right to a fair trial is limited to reflective benefit. From the end of Qing dynasty to 1994, some parts of the right to a fair trial had been declared by law, but couldn't be fulfilled. From 1994 to 1979, People's right to a fair trial rose and fell frequently. Since the reform and open, the right to a fair trial is improved by legislation and judiciary but there are still some deficiencies, foxexample, the right of access to court being restricted, the judiciary being unfair, the right of the man who was indicted not being taken seriously.Part â…£ is about the protection of the right to a fair trial. The writer thinks it's necessary to ensure citizens' right to a fair trial by broadening the scope of action, strengthening constitutional protection, deepening judiciary reform, modernizing judiciary idea and etc.Finally, the writer concludes that it's a difficult and great task for China to ensure citizens' right to a fair trial in the 21st century. When citizens' right to a fair trial is ensured well, China will become a rule-of-law country even a constitutional country.