On The Right To A Fair Trial

Spirit of trial produced very early, but only until after the mid-20th century rapid development. With the progress of society, the value of fairness and justice is more and more prominent. Civil right to a fair is guaranteed access to justice, its existence is to pass a fair trial, so that the criminal who bear the responsibility to make the right to be compensated by the aggressor, in order to achieve fairness and justice. Many countries put the fair trial as a constitutional right to rule, the world’s most legal documents also contains the contents of a fair trial, this shows the importance and universality.Our country signed the "International Covenant on Civil and Political Rights" in 1998, but has not approved. Although China in recent years modified the "Criminal procedure Law" and other relevant laws, but compared with the international standard, there is still a gap. In addition, misjudged cases often occur in practice, so explore the development of fair trial is necessary.This article from the origin to the fair trial, combined with international human rights law, pointing out the shortage of our law and putting forward suggestions. The text is composed of preface, body and conclusion three parts, among them, the body is divided into five parts:Part I:theoretical basis to a fair trial. Thought of natural law and justice always inseparable, and natural justice theory, which comes from the natural law thoughts, also has a direct relationship with fair trial. In the theory of procedural justice, fair trial for the realization of the due process of law thought also has important significance. Thought of the rule of law in western countries is also a fair trial as the inherent requirement. Justice jurisdiction can rapid development in the international, especially in western countries, the main reason is the natural law thought, due process of law thought and the rule of law thought corresponds to the fair trial. Thus the theoretical basis of a fair trial can be traced from these.Part Ⅱ:the establishment and the characteristics of a fair trial in international human rights law. From the "Declaration of Human Rights" in 1948 to establish a fair trial began, after a series of international legal documents, all reflects a fair trial. In this part, based on time sequence for the relevant legal documents, and the provision of fair trial involved were analyzed. Then through summarizing, fair trial characteristics summarized in five aspects:widely for right subject, right content diversity, protect the rights of lowest degree, both principle and flexibility, and content development.Part III:the basis content of fair trial. Due to the large number of international legal documents are related to provision of the fair trial, therefore, the provisions of this text to article 14 of the "International Covenant on Civil and Political Rights", focusing on the content of a fair trial are summarized, overview of six aspects:equal right in front of the court, the court qualifications and independence of the judiciary, public trial, presumption of innocence, minimum protection in criminal proceedings, appellate review and prohibition of double jeopardy. On the basis of the six aspects, combined with the provision of the "European Convention on Human Rights" and other legal documents, we will have a comprehensive understanding of a fair trial.Part IV:special problems in fair trial application. This section focuses on two issues, one is for the analysis of the scope of fair trial, mainly involved in the understanding of "criminal charges" and "cases"; The second is the limitation on the fair trial in practice. Different countries and regions have different laws, and have different standards. In spite of this, the use of a fair trial should be expanded in order to strengthen the protection of human rights. Sovereign state in order to realize the rational distribution of power and rights between state and citizen, or avoid international legal obligations, in the case of satisfying certain conditions, can make some restrictions, namely to retain and derogation. However, there are certain conditions. This is to avoid the abuse of derogation and retains.Part V:fair trial practice in China. In 1998 our country signed the international covenant on civil and political rights, but has not been approved. Therefore, analyze the practical situation of fair trial in China, for future development has important practical significance.Epilogue part of the full text summarized, has been clear the connotation of fair trial, summed up the fair trial for the importance of human rights protection, and points out the necessity of the study of fair trial.