On The Conflict Of Rights Related To The Right To A Fair Trial

The right to a fair trial is a very important human right that has been accepted in the whole international community. The nature of the right to a fair trial is embodied both in international human rights conventions and constitutions around the whole world. It is essential in the course of the development of democracy and rule of law. The right to a fair trial also plays a magnificent role in protecting the rights of participants in proceedings, regulation the power of authorities and achieve justice. Furthermore, it devotes to the spirit of the rule of law and the protection of human rights. Within《Universal Declaration of Human Rights》article 10:"Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him." The right to a fair trial also rules in《European Convention on Human Rights》article 6 and《International Covenant on Civil and Political Rights》(ICCPR)article 14.The right includes the contents of fair trial, public hearing, presumption of innocence, the right to against self-incrimination, Right to Trial within a Reasonable Time and the right to examine witnesses etc..Conflict of rights is inevitable as long as rights exist. Although the right to a fair trial is one of the privileges that right conflicts occur inside and outside. Research on the conflicts related to the right of a fair trial would make the contribution of ensuring this major right. The author chose some typical cases in ECHR to specify the right to a fair trial in the view of that ECHR plays a key role in the process of protecting human rights in Europe.There are five main sections in this paper:PartⅠ:Basic theory of the conflict of rights. It includes the definitions of "conflict", the conflict of rights, types and the meaning of its existence.PartⅡ:Basic theory of the right to a fair trial. It includes the definition, history and contents of this right. This is an extremely important part that could not be skipped before we research the right to a fair trial in conflict. PartⅢ:Conflicts within the right to a fair trial. Clarify the inside conflicts related to the right to a fair trial by cases in ECHR. They are Equality of Arms v.Reasonable Time, Right to a Public Hearing v.Right to Trial within a Reasonable Time and Right to Examine witnesses v.Right to Remain Silent. This part plays an important role in this paper.PartⅣ:Conflicts with Other Rights. Clarify the other conflicts related to the right to a fair trial by cases in ECHR. They are Presumption of Innocence v. Freedom of Expression, Right to Examine Witnesses v. Right to Protection of Private Life and Right of Access to Court v.Freedom of Political Expression. It is one of the key parts in this paper.PartⅤ:The solutions of problems. Some solutions and ideas would be placed as reference.