Criminal Information Disclosure and the Right to Fair Trial

Author: Mo Jihong

 

 

Abstract: Criminal information disclosure is an important matter of the openness of criminal justice, as well as an important indicator of judicial impartiality. Criminal information disclosure must be based on the openness of criminal justice, but it has a certain degree of independence because of its information characteristics. Criminal information disclosure is an institutional guarantee for the realization of the right to fair trial. On the one hand, it is an important manifestation of the functionary content of the right to fair trial as a fundamental human right; on the other hand, it also involves the exercise of the fundamental rights of parties to criminal proceedings and other stakeholders. In-depth discussion of the relationship between criminal information disclosure and the right to fair trial will help deepen the judicial protection of human rights. At the same time, it is also conducive to scientifically defining the nature, status, and role of personal information in criminal judicial activities, and further strengthening the judicial protection of the right to personal information.

Keywords:openness criminal justice; criminal information disclosure; right to fair trial; fundamental rights

 

Author:Mo Jihong, a research fellow at and the director of CASS Law Institute.

 

Source: 5 (2021) Research on Rule of Law.