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

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 ofautonomous interpretation is adopted in order to avoid the national authorities evading the obligations of guaranteeing fair trialrights. China has a considerable number of administrative sanctions that may belong to “criminal” category. The preliminaryinvestigation before the initiation of criminal proceedings in China amounts to “charge”. When ratifying ICCPR, China shouldmake reservations concerning applying fair trial rights in correction of illegal conducts through education and other seriousadministrative sanctions, and reform the preliminary investigation system and case filing system to make the preliminaryinvestigation be the sign of initiation of criminal proceedings.