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.

We should deeply understand it under the current situation of our country s jurisdiction,and find the golden section ratio of the principle of"open trial",thus to construct its concrete systems and make the best use of it.

There are conflicts between the open trial system and the right of privacy protection,especially in the trial of the divorce cases concerning the litigant s right of privacy.

The present law does not have a detailed regulation on open trial.

In order to push on reform of court system and guarantee judicial justice, this paper puts forward some opinions on reform of court system, such as exchange of service ideas, improvement of judge s professional quantities ,carrying out public trial and strengthen modernized construction and so on.

Public trial is an essential characteristic of modern judicial system.

After inspecting the defects of public trial in judicial application of China,the writer analyses the reasons and gives proposals for perfection of this system.

The article plans to trace the open trial principle s historical development path,definite scientifically the meaning of open tria.