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A Fair Trial

Posted on:2007-11-20Degree:MasterType:Thesis
Country:ChinaCandidate:L L WangFull Text:PDF
GTID:2206360182482026Subject:International law
Abstract/Summary:PDF Full Text Request
Democracy, rule of Law and human rights are the final aims of human beings. Withthe development of the rule of law in China, the concept of human rights protection isdeep based in people's minds. The International Covenant on Civil and PoliticalRights (ICCPR) is mainly about civil and political rights, and is considered as one ofthe 'international human rights charters'.Fair trial is one of the most important values of law. Art. 14 of the ICCPR is abouthuman beings' rights to fair trial, requires due process of law and the principle of ruleof law, which is the basic protection of human rights. The content of Art.14 includesequality before court, not to be compelled to testify against himself or to confess guilt,ne bis in idem and so on. The right to fair trial is an constitutional, basic andprocedural right and it is not only in criminal suits but also in other suits.Because The ICCPR is too general to practice, we have to use civil legislation to helpit to implement in China. In order to realize the right to fair trial in China, we have toestablish the principle of excluding illegal evidences, right to keep silence, judiciaryindependence, balance the media and court and perfect our legal aid system in thenear future.
Keywords/Search Tags:Right to Fair Trial, human rights, ICCPR, judiciary independence, right to keep silence, exclusion of illegal evidence, ne bis in idem
PDF Full Text Request
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