2007•Journal of Nanchang UniversityRequires access

The Application Domain and Its Modification of the Right to a Fair Trial

Peng Xi-hong

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Abstract

From the provisions of the International Covenant on Civil and Political Rights,the right to a fair trial can be applicated in the three procedural systems,but the right to a fair trial is mainly a right that a criminal defendant enjoys in criminal action and many rights affirmed by section 14 of the Covenant can only be enjoyed by a criminal defendant.Although the right to a fair trial is a very important basic human right generally recognized by the international society,in order to keep a certain balance between the power of the state and the right of the citizen,or in some circumstances,it is very difficult to shoulder the international law duties completely.According to the relative provisions of the laws on international human rights,the signatory country can take the measures of reservation or derogation so as to restrict the application of the right to a fair trial at home when the conditions are satisfied.

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What this paper is about

From the provisions of the International Covenant on Civil and Political Rights,the right to a fair trial can be applicated in the three procedural systems,but the right to a fair trial is mainly a right that a criminal defendant enjoys in criminal action and many rights affirmed by section 14 of the Covenant can only be enjoyed by a criminal defendant.Although the right to a fair trial is a very important basic human right generally recognized by the international society,in order to keep a certain balance between the power of the state and the right of the citizen,or in some circumstances,it is very difficult to shoulder the international law duties completely.According to the relative provisions of the laws on international human rights,the signatory country can take the measures of reservation or derogation so as to restrict the application of the right to a fair trial at home when the conditions are satisfied.

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Available abstract

From the provisions of the International Covenant on Civil and Political Rights,the right to a fair trial can be applicated in the three procedural systems,but the right to a fair trial is mainly a right that a criminal defendant enjoys in criminal action and many rights affirmed by section 14 of the Covenant can only be enjoyed by a criminal defendant.Although the right to a fair trial is a very important basic human right generally recognized by the international society,in order to keep a certain balance between the power of the state and the right of the citizen,or in some circumstances,it is very difficult to shoulder the international law duties completely.According to the relative provisions of the laws on international human rights,the signatory country can take the measures of reservation or derogation so as to restrict the application of the right to a fair trial at home when the conditions are satisfied.

Key concepts: Right to a fair trial, Derogation, International Covenant on Civil and Political Rights, Human rights, Law, Political science, Covenant, Fair trial

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