On The Right To A Fair Trial

In1966the" International Covenant on Civil and political rights" in Fourteenth and fifteenth of the right to a fair trial in detail, the specific provisions. In addition to outside the Convention, the1950" the European Convention on human rights"(sixth and seventh), the1969" American Convention on human rights"(eighth, ninth and tenth) and the1981" Africa human rights and national rights charter"(seventh) on the right to a fair trial made specific provision. Thus, in the world scope, the right to a fair trial has become citizens enjoy basic human rights. Just procedure covers on human equality, freedom to explore actively also to the rule of law, equality, freedom of the ultimate ideal forward. In the criminal law, the procedural justice is the guarantee of realization of entity justice, procedure justice directly influences the result of lawsuit justice. In the criminal procedural law of our country, the justice of judicial procedure and not directly affect the results of a case, but also to absorb the litigant discontent and maintain social stability and security has a positive influence on. So, although the criminal procedure law of our country has been modified, but compared with international human rights convention or have very big difference, we should call for the right to a fair trial written into our constitution, in order to establish the procedure justice authority. According to the" International Covenant on Civil and political rights" as the basis studies from five aspects of the right to a fair trial. The first is the right to a fair trial of semantic analysis; second is the right to a fair trial of active system arrangement; third is the right to a fair trial of history; fourth is the right to a fair trial value orientation; fifth is the right to a fair trial implementation of the system of administration of justice.As of1998October" Chinese government signed the International Covenant on Civil and political rights", justice will gradually enter the vision of scholars, many scholars began to pay attention to this right. Our country economy, politics, culture level rise ceaselessly, the concept of rule of law is more and more win support among the people, people pay more and more attention to the guarantee of human rights, the right to a fair trial in our country and the impact of China and which aspects of the reform issues such as the need for a comprehensive and profound study, so, the right to a fair trial in China not only has the significant practical significance, but also has the very important theory value.