Review Standard Of The Right Of Confrontation Of The European Court Of Human Rights

The biggest difference between the European Convention on Human Rights and other international human rights conventions lies in its mandatory and adjective.Moreover,the European Court of Human Rights had been established as a permanent body.Many cases have arisen in the application of article 6 of the Covenant,providing valuable experience in guaranteeing the rights of accused persons to equality,to cross-examination,to a fair trial and not to be compelled to impute themselves.Among them,the cases related to the defendant's right of confrontation account for a considerable proportion.The cross-examination provisions are included in the main provisions of article 6 of the Covenant.As a special enumeration of fair trial items and one of the minimum guarantees,there is no doubt about the importance of the right of confrontation.As a basic right enjoyed by the defendant,the right of confrontation,which prescribed in Article 6§3(d)of the European Convention on Human Rights,should be fully guaranteed.However,in trial practice,due to the balance of multi-value and other considerations,sometimes the right to cross-examination should have the elements of justice,such as face-to-face questioning,witness appearance,official obligations and other conditional restrictions.The Confrontation Rules of the European Court of Human Rights are not static,and they have changed with the development of judicial practice.For example,the“Sole or Decisive Rule” established to effectively guarantee the minimum right of the accused to cross-examine,although this rule has also caused considerable controversy in the course of its application.However,its protection function of defendant's hostage certification right and its essential pursuit are worth learning.Then,the case of Khawaja v.the Unite Kingdom could be said to be a turning point in the attitude of the European Court of Human Rights.The Confrontation Rule has fundamentally changed from the strict application of the “Sole or Decisive Rule” to the "Kavaja test Standard " with main content of “Three-step Examination Rule”.The examination standard of the European Court of Human Rights on the right of the accused to cross-examine is undoubtedly also related to its definition of the "fair" trial standard.Therefore,the study of the examination standard of the right of confrontation of the European Court of Human Rights can provide a clear and scientific way of thinking for the improvement and development of judicial practice in our country.