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On The Perfecting Of Being Out On Bail System

Posted on:2005-08-20Degree:MasterType:Thesis
Country:ChinaCandidate:M FangFull Text:PDF
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Summary: Being out on bail is a kind of compulsory measure which means that in the process of our national criminal suit, public security agency, national security agency, People's Procuratorate and People's Court order the suspect or defendant to put forward guarantors or pay the earnest money, so as to ensure that the suspect or defendant will not escape or hinder the investigation, suit and trial, and be available at any time. If being out on bail, a non-detaining measure, can be applied in an appropriate and effective way, it will play an important role in guaranteeing that criminal suit goes on smoothly and ensuring the legitimate rights and interests of the prosecuted. But in the criminal suit practice of our country, compared with the two kinds of compulsory measures as detaining for criminal act and arresting, being out on bail is less adopted. When the suspect or defendant is arrested, detaining has become a principle, which makes being out on bail, a comparatively light compulsory measure in the whole criminal coercive measure system, turn out to be something which the suspect or defendant "cannot bear so much". Less application of being out on bail has become one main reason for the issues as high detaining rate, extorting a confession by torture, and extending detention. Therefore, the perfect on being out on bail system is extremely urgent, which means so much for our criminal jurisprudence moving towards law administration and civilization.This text has explained the formulation, development and function of being out on bail system in our country, and made a comparison on being out on bail and releasing on bail. The being out on bail system in our country has a long history. As an important compulsory measure, it is under continuous perfection, especially for the 1996 newly revised criminal lawsuit. However, after practical examination for several years, this system is still not prefect at present. Except the deviation on the lawenforcement, there are many problems existing in the law stipulation such as too many limits on the objective target, bad feasibility in the practical adoption, unclear responsibility of the guarantor, too much willfulness when deciding the sum of earnest money, undefined allotted time, repeated bail, low quality of being out on bail and the lack of relieving system.There is kind of similarity between being out on bail system of our country and the other countries. The releasing on bail stemmed out from Britain, and developed much in the English and American law system. It contains three kinds of ideas: The freedom idea, presumption of innocence, rights ensure. With the influence of human rights ensuring idea, the releasing on bail system always be learned by the continent law system, and its applying scale is expanding continually. In order to reduce the detaining before trail, and protect the human rights of the suspect and defendant. I think the rational content of releasing on bail system abroad is worth our learning.The reform of being out on bail must be based on the reality of our country, and full research on the feasibility of the reform scheme. It must be carried out step by step after careful study and drawing on the foreign relative law systems. For this reason, the author proposes to improve the lawsuit idea. In the procedure approach, the adopted procedures of being out on bail should be open to the public, perfect the law relieving system of being out on bail. At the same time, perfect the relative system: clarify the condition for being out on bail, expanding its adopting scale appropriately, clarify its allotted time, rich and perfect the guaranteeing way. clarify the responsibility of the guarantor, improve and strengthen the supervising and managing measures on the person who is out on bail, purify the law-enforcing environment.While ensuring the social security, we should guarantee the basic human rights for suspects and defendants, which is a reflection for the social civilization degree. Our country is on the way of gradually changing the idea of "publishin...
Keywords/Search Tags:be out on bail, release on bail, defect, perfect
PDF Full Text Request
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