Researching The Obtaining A Guarantor Pending Trial System

Obtaining a guarantor pending trial is one of the five coercivemeasures in the criminal procedure law of our country. Its strength isweaker than detain and arrest. Building the obtaining a guarantorpending trial embodies the safeguarding function of the coercivemeasures, which can exclude the handicap of the criminal procedure.Obtaining a guarantor pending trial includes the idea of protecting thehuman rights of the suspicion and defender .It connects the punishingthe criminal with the protecting the human rights, which are the dualvalue objects of the criminal procedure. Now , about the obtaining aguarantor pending trial, the criminal procedure law of our country andjudicial interpretations have made the explicit rules, the rules build thefundamental framework of the obtaining a guarantor pending trial andafford the applicable warranty for judicial practice. However, because ofsome reasons, obtaining a guarantor pending trial exposures thedeficiencies in practice. The paper detailed explicates the reasons of ourcountry adopting the obtaining a guarantor pending trial and the existingproblems, introduces some ideas for improving the system. The paperinitially explicates the concept, specialty and development of theobtaining a guarantor pending trial, then analyzes the necessity andvalue of the obtaining a guarantor pending trial in our country, thensurveys the bail in the western countries by the comparative law,illuminates the same and the imparity between them. Lastly, the paperputs forward the ideas of improving the system for the problems, whicharise from the obtaining a guarantor pending trial.