芸術と社会科学ジャーナル

The Scope of Application of Fair Trial Rights in Criminal Matters-Comparing ICCPR with Chinese Law

Abstract

Jixi Zhang,Xiaohua Liang

According to Paragraph 1, Article 14 of ICCPR, fair trial rights applies in the determination of “criminal charge”. The definition of “criminal charge” determines the scope of application of fair trial rights. In definition of “criminal charge”, the way of autonomous interpretation is adopted in order to avoid the national authorities evading the obligations of guaranteeing fair trial rights. China has a considerable number of administrative sanctions that may belong to “criminal” category. The preliminary investigation before the initiation of criminal proceedings in China amounts to “charge”. When ratifying ICCPR, China should make reservations concerning applying fair trial rights in correction of illegal conducts through education and other serious administrative sanctions, and reform the preliminary investigation system and case filing system to make the preliminary investigation be the sign of initiation of criminal proceedings.