alexa Comparing ICCPR with Chinese Law

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Comparing ICCPR with Chinese Law

According to Paragraph 1, Article 14 of ICCPR, fair trial rights applies in the determination of “cr iminal charge”. The d efinition 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 evad ing the obligations of guaranteeing fair trial rights. China has a considerable number of administrative sanctions that may belong to “criminal” category. T he p reliminary investigation before the initiation of criminal proceedings in China amounts to “charge”. W hen ratifying ICCPR , China sho uld make reservations concerning applying fair trial rights in correction of illegal conducts through ed ucation and other serious administrative sanction s, and reform the preliminary investigation system and case filing system to make the preliminary inves tigation be the sign of initiation of criminal proceedings.

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