Research On The Guaranteed Pending Trial System Of China

Last year, the discussion about the guaranteed pending trial systemwas undoubtedly one of the focus in the circles of criminal procedurallaw. From March 29,2003 to March 30, "The International Proseminar onBail System" was held in Beijing by the Lawsuit System andAdministration of Justice Research Center of Renmin unniversity ofchina and British-China association. The attendant in the meetingproposed drawing lessons from the bail system to perfect the guaranteedpending trial system ,based on comparing the guaranteed pending trailsystem with the bail system of British. Meanwhile, the guaranteedpending trail event of Liu Xiaoqing in ammusement circles,attracted alot of attention from audiences. As a kind of coercive measure, sincethe criminal procedure law is issued, the guaranteed pending trail hasbeen beneficial not only for attacking crime but also for making thelawsuit going on smoothly. However ,undeniably, the guaranteed pendingtrail system of china has exposed so much drawbacks that it needsperfecting. Prceeding with theory and practice of the guaranteedpending trail system, the author analyses a series of questions amongthe current legislation and ministration of justice, finds out the deepreason behind the questions and investigates lawsuit value of theguaranteed pending trial. Based on all above, the author advocatesdrawing lessons from the bail system of various countries and sweepingreforms of the guaranteed pending trial system, comprehensively andpertinently. The paper consists of five parts. The first part is to set forththe history and lawsuit value of the guaranteed pending trial. At first,the author looks into the historical evolution of the guaranteed pendingtrail. Then, according to the difference between the current criminalprocedural law and the old one, the author affirms the advantages ofthe current criminal procedural law. At the same time, the part alsodemonstrates the lawsuit value of the system. The second part investigates the three kinds of bail system abroadwhile comparing the guaranteed pending trial system of china. Becauseof difference of judicial tradition and modes of the lawsuit, the bailsystem in the countries of different families of laws reveals their owncharacteristics. But, there are some common advantages existing in thedifferent kinds of bail system which we can learn from: (â… ). Custodyis stictly limited by law. (â…¡). It is comprehensively and freely forthe parties to use the bail with the instruction of law. (â…¢). Theprocedure of bail is properly operated. (â…£). Paying more specialattention to the youth'right. (â…¤). Taking a series of supplementarymeasure to guaranteed the system working on smoothly. Based on reality, the third part is to analyse the problems existingin the guaranteed pending trial system. It goes in two angles. One islegislation aspect: uncertain suitable condition; unproper procedure;lack of responsibility investigation mechanism; the unstandard earnestmoney managing; the argument about time limit; lack of supervisionmechanism; the blank of hand-over procedure. The other is practiceaspect. There are a lot of problems less than satisfactory in practice.They are concerned with law enforcement idea of lagging behind,unstandardly enforcing law, as well as overcritical law-enforcingenviroment. All above have been seriously effect on keeping theguaranteed pending trail system benign and healthy. Therefore, it isurgent to reform the system. But we should rationally set up theguaranteed pending trial system. After comparing two kinds of reformscheme, the author points out the direction is by means of perfection,not thourough transplantation. The fourth part has described the necessity of the reform. Firstly,the author points out that the guaranteed pending trail system is thebest way to solve the problems of extending detention. Secondly, thereis great distance between the standard set in the internationalconvertion si...