《欧洲人权公约》第6条:公平审判权研究——以欧洲人权法院承认与执行外国判决案为例

Hyeong-Seok Lee
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引用次数: 0

摘要

《欧洲人权公约》是将人权范围限制在欧洲的保障人权的文件。在《人权公约》中,各种人权是由欧洲人权法院的解释以及《公约》规定的人权派生和保障的。在《人权公约》保障的人权中,有一项是受审判的权利。受审判权是指在合理期限内获得公正审判的权利。最近,随着国家之间的流动变得更加容易,受审权不仅成为国内司法程序的一个问题,而且成为承认和执行外国判决的一个问题。受审判权的基本目的是希望通过司法程序解决个人纠纷和刑事被告人无罪与无罪之间的纠纷,在独立的法院进行公正、迅速的审判,从而获得对受审判权的救济。接受这种审判的权利具有主观权利的性质,但可以看出,由于国家权力称为司法权的性质,国家的自由裁量权是广泛的。由于司法权的国家权力性质,国家的自由裁量权也有很大的空间。欧洲人权法院更广泛地解释《人权公约》规定的受审判权,并承认承认和执行外国判决的权利为先例。本文对欧洲人权法院判例所形成的外国判决的承认与执行的意义,以及缔约国的保证程序和限制进行了评述。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
A Study on the Article 6 of the European Convention on Human Rights: The Right to a Fair Trial: Focusing on the European Court of Human Rights' Case on the Recognition and Enforcement of Foreign Judgments
The European Convention on Human Rights is a document that guarantees human rights by limiting the scope to Europe. In the Convention on Human Rights, various human rights are derived and guaranteed by the interpretation of the European Court of Human Rights as well as human rights under the Convention. Among the human rights guaranteed by the Human Rights Convention, there is a right to trial. The right to a trial is the right to a fair trial, the right to a trial within a reasonable period of Consisted. Recently, as movement between countries has become easier, the right to a trial has become an issue not only in domestic judicial procedures but also in the recognition and enforcement of foreign judgments. The basic purpose of the right to a trial is to obtain relief from the right through a fair and expeditious trial in an independent court for those who want to settle personal disputes and disputes between innocence and innocence of those charged with criminal trials through judicial procedures. The right to receive such a trial has the character of a subjective right, but it can be seen that the state's discretion is wide due to the nature of the state power called judicial power. Due to the nature of the state power of judicial power, there is also a wide room for the discretion of the state. The European Court of Human Rights interprets the right to a trial under the Human Rights Convention more broadly, and recognizes the right to the recognition and execution of foreign judgments as precedents. In this paper, the meaning of the recognition and enforcement of foreign judgments, which have been formed by the precedents of the European Court of Human Rights, and the guarantee procedures and limitations in contracting countries are to be reviewed.
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