法学文献翻译模板(英文).doc

A Comparative Thinking on Fairness By George P Fletcher Fairness and justice are two concepts, peoples understanding may be different. Victims demand justice, the accused to a fair and impartial trial results may not come to justice because the guilty may be released. Justice requires equal treatment and impartial, is the traditional basis of due process. In the trial of equal armed, criminal proceedings have been over the past tilted to the accused, only the Rome Statute of the first referred to the rights of victims. The concept of justice is largely extracted from competitive sports out. Correct understanding of justice, help people in different countries, in the same manner to comply with the rule of law. Justice (fairness) of the concept of justice (iustice) is a different concept of justice can be more easily translated from one language into another language, but, fair is a unique concept in English. The right to a fair trial is the traditional basis of due process, can be traced back to free the Great Charter (the Magna Charta). This right is an international treaty on criminal defendants and the rights of war criminals possess typical features are clearly written into the international covenant on civil and political rights (International Convention of Civil and PoliticalRights) section l4 article. The European Convention on Human Rights (European Convention of Human Rights) Article 6 provides that in any case, everyone has the right to a fair and open trial. Canadian Charter of Rights and Freedoms (Canadian Charter of Rights and Freedoms) Article 11, paragraph 4, states: per capita of any alleged crime should be presumed innocent, unless in a fair and public trial has been proven guilty. Interestingly, this concept does not explicitly appear in the U.S. Constitution at home. In most languages, the right to a fair trial was confusing to translate into just (just) the right to trial (proc66s juste, juiciojusto). As far as I know, in the two languages one can