On The Right To A Fair Trial In The Criminal Procedure

Human Rights in the Constitution has since become an institutionalpresence after amendment to our Constitution provides that "the staterespects and safeguards human rights". The right to a fair trial is not onlyan element of human rights, but also the effectiveness of other humanrights. This study aims to clarify the right to a fair trial of the origin,composition, characteristics and value, look at the relevant provisions onthe right to a fair trial and the current situation in our procedural law, putforward the relevant measures to implement the right to a fair trial. It isimportanttootherhumanrightslegislationtoprotectaccesstothesystemandthustoachievetangibleresults.This study probes into the concept of a fair trial's background andthought source through the use of historical analysis, straightens out theright to a fair trial in the subject, content, features and value of acomprehensive analysis by standard analysis method, reviews thisconstitutional rightto a fairtrialimplementationandoperation conditionsin logical analysis and empirical methods in China, at last presents a fairtrialinChinaonthesafeguardmeasures. Through this study we found that the right to a fair trial in theinternational human rights law on the main basis of law is "internationalcovenantoncivilandpoliticalrights",Chinahassignedbutnotratifiedit,The fact indicates that the right to a fair trial is national respect andprotection of human rights by the rule of law issues inherent meaning,and the existence of a fair trial in our country. At the same time, China'sprocedural law, particularly criminal procedure law, failed to effectivelyimplement the relevant requirements of the right to a fair trial. For theimplementation of the right to a fair trial, our judicial system, lawyersystem, the legal aid system and the state compensation system needsfurtherrefinement.