In this context particular attention is given to the question whether the prisoner of war have the fair trial rights , if so, then at which point in time a prisoner of war starts to benefit from it.

Safeguarding the right to fair trial runs through from the beginning of the investigation of the criminal suspect to the conclusion of criminal procedure.

The jury system which reflects judicial democracy and judicial fair generally exists all present-day countries in the world, according to the differences of form, it can be divided into two forms: jury system that represents the jury system in the law system of Britain and America ,attend system that represents the countries of continental system.

With standardization as its major feature,auditing justice probes social justice from the perspective of system which is in the token of human being s pursuit of justice.

From the provisions of the International Covenant on Civil and Political Rights,the right to a fair trial can be applicated in the three procedural systems,but the right to a fair trial is mainly a right that a criminal defendant enjoys in criminal action and many rights affirmed by section 14 of the Covenant can only be enjoyed by a criminal defendant.

The root of She Xianglin case lies in the overlooking on the right to a fair trial,which is valuable to the protection of rights and control of power.