公正审判权的适用范围与我国刑事法律制度的完善

The Applicable Scope of Fair Trial Rights and the Development of Criminal Legal Systems in China

《公民权利和政治权利国际公约》第14条和第15条规定的公正审判权适用于判定"刑事指控"的案件中。"刑事"的含义决定着公正审判权适用的案件范围;"指控"的含义决定着公正审判权适用的时间范围。根据"刑事"的含义,在我国,除了《刑法》的规定之外,还有相当多的行政处罚属于"刑事"的范畴;根据"指控"的含义,在实施初查时便已经启动了"指控"。根据我国的实际情况,在批准《公民权利和政治权利国际公约》时,我国应当对严重行政处罚适用公正审判权提出保留;为了使犯罪嫌疑人在被"指控"时即受到公正审判权的保护,应当改革我国的初查和立案制度。

The right to a fair trial, provided by articles 14 and 15 of International Covenant on Civil and Political Rights, applies to cases concerned about ＂ criminal charges＂. The meaning of ＂criminal＂ determines the scope of cases applied by the right to a fair trial; and the meaning of ＂charge＂ determines the scope of time applied by the right to a fair trial. According to the meaning of ＂criminal＂, there are many administrative punishments belong to ＂criminal＂ in China in addition to the provisions in criminal Law. According to the meaning of ＂charge＂, a charge has launched at the moment of implementing preliminary investigation. Considering the actual situations in our country, we should made reservations to applying fair trial fights to administrative penalties except re - education through labor when approving International Covenant of Civil and Political Rights. We should reform the systems of preliminary investigation and registration in order to make the suspect be protected by fair trial rights at the moment when he/ she is charged.