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On Bail System

Posted on:2005-06-01Degree:MasterType:Thesis
Country:ChinaCandidate:J GaoFull Text:PDF
GTID:2156360125969253Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Bail is that discharge those who are arrested or detained but areawaiting investigate or trial at appointed time and place afterproviding surety.Bail originated from England unwritten law,andformed after a long developing period.Bail system not only effectedfar-reaching countries of Anglo-American law system,but alsoaccepted and recognized commonly by countries of Continental lawsystem and intemational society.The nature of bail system is ameasure that substitute for detain.Using bail has a certain purpose.About bail purpose,the countries in Anglo-American law system andContinental law system have different opinion.In order to ensure itsaim to be carried out,bail may be added some provisos.Bail systemplays an important role in criminal procedure.The theories offreedom,limiting power of state,protecting individual rights thatbailsystem contains play an immense role in realizing proceduraljustice.At the same time,it also produces some positive effects onrealizing entitative iustice and saving lawsuit cost.Certainly,bailhas its certain of negative effect,we should have the right attitudeto understand it.The regulations of bail system in different countrieshave their respective forms.As a whole,the bail regulations ofAnglo-American law system have more perfect than those of continentallaw system in legislation,bail condition,bail procedure,and revealabsolutely their functions on protecting human rights.As for ourcountry,puaing the suspects into jails to wait trial is the normalmeasure,the inner idea of protecting human rights that bail systemcontains is worthy US learning and referring.Guaranteed pending trialof our country resembles to bail system,while,its value aim andregulation has far difrerent from bail more than itsfunction in substituting for detain m crimmal procedure.So,lt ISnecessary to constitute bail system in our country.Of course,we willface many difficulties and some misunderstands m it,but to set upbail system has feasibility in our country.During constituting,we must enact particularly bail range,bail measures,bail procedure,bail redresS ways,the punishment of violating bail,and bail supervisemeasures.
Keywords/Search Tags:bail, litigation value, guaranteed pending trial
PDF Full Text Request
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