Reflection And Improvement Of The Guaranteed Pending Trial System In China

Guanranteed pending trial system is a criminal coercive measures in China's criminal procedure law.The system has played a good role in ensuring public security organs and protecting individual freedoms and rights.As we know,from the beginning, the system has a lot of flaws in theory and practice.From the initial emphasis on social security to the current focus on individual freedoms and rights, society has undergone profound changes in the concept of criminal proceedings. In the conditions of use and objects of personal freedom, protection, program settings, and other aspects,Guanranteed pending trial system may become increasingly apparent lack of certainty and flexibility. Social relations and legal concepts have been changed, the legal system also need to be changed.Compared with bail system of western countries,we found that two systems are similar in the maintenance of freedom, fully embody the procedural justice, to protect the smooth progress of the proceedings, and many other aspects.There are also many differences between them. We are opposed to beautify our legal systemwhile ignoring the other legal systems,we are also opposed to overall migration of foreign bail system to deny our system.Changes in the concept of the rule of law requires both the reform of the system and long-term progressive efforts, which we have a clear understanding. Legal thinking and legal concepts should be on the basis of the local community, rule of law and legal tradition. To build up a system to adapt to suit our reality, bail system of western countries can be used as the main reference to guanranteed pending trial system.