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On the Right to a Fair Trial in the Criminal Procedure

Author: QiuZhiGuo
Tutor: LiYongHong
School: Zhejiang University of Technology
Course: Procedural Law
Keywords: Human rights The right to a fair trial Trial system Lawyer System Legal aid
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 27
Quote: 0
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Abstract


China 's amendments to the Constitution provides that \The right to a fair trial is not only an element of human rights and other human rights an important way to get practical results . This study aimed to clarify the origin of the right to a fair trial , composition, characteristics and value , look at our procedural law on the right to a fair trial of the relevant provisions of its operation the present situation of the implementation of the right to a fair trial in China . The study is of great significance to the system to protect other human rights legislation and thus to achieve tangible results . History method , this study explores the background and ideological origins of the concept of a fair trial , the right to a fair trial subject, content , features and value of normative analysis method comprehensive analysis , logic analysis and social empirical the method examines China 's legislation on the right to a fair trial implementation of the rights of the Constitution and its operating conditions , and thus of the right to a fair trial safeguards . This study found that the right to a fair trial is the main source of law in international human rights law is based on Civil and Political Rights and the International Convention , China has signed but not ratified the Convention , the fact that the right to a fair trial both our Constitution provisions of the State to respect and protect the human rights, the rule of law questions in the proper meaning of the right to a fair trial , at the same time , China's procedural law , criminal procedural law but failed to effectively implement the relevant requirements of the right to a fair trial . For the implementation of the right to a fair trial , our trial system , the legal system , the legal aid system and national compensation system needs further improvement .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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