On The Establishment Of Fair Trial Right

The article mainly analyzes the concept of fair trial right, which based on the reconsideration of current theories. Those theories focus on the Article 14 of the International Covenant on Civil and Political Rights, which is necessary but may cause the misunderstanding that fair trial right is only an international law concept. The article tries to convince readers that fair trial right can get its full meaning only in the internal law system, and the international concept is only a compromise of countries on the domestic fair trial rights system.Further more, starting with three cases, the article points out the fundamental meaning of the right in the constitutional criminal right system, and that the right is a constitutional guarantee right and fundamental criminal procedural right.Meanwhile, the article analyzes the fair trial right's history and its establishment in domestic laws all over the world in order to benefit our own law system.At last, the article points out two steps of the establishment of fair trial right in our constitution and criminal procedural law.The article can be divided into four parts:Part one: Bringing out of the concept by three cases.Part two: History of fair trial rightPart three: Connotation of fair trial rightPart four: Establishment of fair trial right in China...