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On the Conflict of Rights Related to the Right to a Fair Trial

Author: DengLingNa
Tutor: GeMingZhen
School: Shandong University
Course: Legal
Keywords: Fair trial European Court of Human Rights Human rights Conflict of rights
CLC: D998.2
Type: Master's thesis
Year: 2011
Downloads: 45
Quote: 0
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Abstract


The right to a fair trial is an international community generally recognized basic human rights, it is not only reflected in the international human rights conventions, and is written into the constitution of the world. It is the proper meaning in the modern social democracy and the rule of law in the development process, but also reflects the basic spirit of the rule of law and protection of human rights needs. Judicial safeguard social fairness and justice, the last bulwark of the right to a fair trial for the protection litigation involved in human rights, the rights of the terms of reference of the regulatory authority, the efficiency of the proceedings, safeguard social fairness and justice, of justice is of great significance. The provisions of Article 10 of the Universal Declaration of Human Rights: Everyone complete equal right to justice and a fair trial by an independent court without migraine without leaning to determine his rights and obligations and the judgment against him. criminal charges. Section 6 of the European Convention on Human Rights also detailed provisions on the right to a fair trial. \The main content of the right to a fair trial, including the equal right to a trial, the right to a public trial, the right to trial in a timely manner, subject to the right of the presumption of innocence, the right to have adequate time and facilities for the preparation of the defense, prohibition of self-incrimination, the right to call and permit human rights and of confrontation rights. As long as the right to exist, the rights that conflict is inevitable. There is the same conflict of rights as a basic human right to fair trial, in its internal and external. Research and fair trial rights conflict, a correct understanding of the internal and external conflict of rights, and earnestly safeguard the realization of the right to a fair trial. In order to better understand and analyze the conflict of rights and the right to a fair trial, I selected some typical jurisprudence of the European Court of Human Rights as a carrier of the study, so that these rights conflict more specific performance. The paper is divided into the following five parts: the first right to the basic theory of conflict. The part of one of the chapters of the full text. This section will first define the concept of \A correct understanding of the rights laid the theoretical basis of the conflict, after discussion with the right to a fair trial rights conflict. The second chapter the basic theory of the right to a fair trial. This chapter focuses on the basic connotation of the right to a fair trial, the course of development, as well as that covered by the specific content. Correct understanding of the right to a fair trial, to provide theoretical guidance for the analysis of the right to a fair trial rights conflict. Chapter III of the right to a fair trial internal power conflicts. The focus in this chapter is the full text of chapter one, will select some of the jurisprudence of the European Court of Human Rights with the analysis of the internal conflict of rights of the right to a fair trial. These internal power conflicts include: the right to have adequate time and facilities for the preparation of the defense and by the conflict between the timely trial rights, subject to the right to a public trial by timely trial rights conflict, and summoned between and interrogation evidence of human rights and the right to silence conflict. Chapter external conflict of rights the right to a fair trial. The focus of this chapter is also full-text analysis, and also by some of the jurisprudence of the European Court of Human Rights the right to a fair trial rights of external conflict. These external rights conflict: the conflict of the presumption of innocence and freedom of expression, the interrogation evidence of human rights and the minor protection of the rights of victims of conflict, as well as the right to access to justice with the representatives of the people of speech immunity of conflict. Chapter and the right to a fair trial rights conflict resolved. This chapter is related to the right to a fair trial rights conflict analysis and summary. And made some preliminary program and ideas to solve these internal and external conflict of rights.

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