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The Study On The System Of Bail Pending With Restricted Liberty Of Moving In China

Posted on:2012-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y C SunFull Text:PDF
GTID:2166330332992279Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Bail application of the system can make criminal suspects and defendants to maximize personal freedom, and thus has an important function of human rights protection. However, by the power standard values of the impact of the bail system in China there are some problems, judicial practice, it is difficult to get a reasonable application of a large number of detentions, and extended detention and so on is quite serious. How to improve our bail system to solve problems in judicial practice is a standard research. In this paper, an overview of the bail system and analysis, based on the current judicial situation in our country, to explain the use of law, comparative law and other legal methods, put forward a sound proposal. The main content of this article:The first part is a brief introduction of the bail system. In the basic connotation of the definition of bail after a bail assessment, it analyzes features and functions. Bail is a temporary restrictive measure, reflecting the characteristics of rights, with protection of human rights of the Accused to ensure the smooth progress of litigation activities and implementation of the value of the function of criminal justice.The second section describes the status of the bail application of the system. China's Criminal Procedure Law of the bail application, the application and the decision-making process to ensure, guarantee period, the liability of the guarantor, was on bail shall have made the obligation to comply with specific requirements. However, the system still exist some shortcomings, such as the position of state power bail, bail the narrow scope of application of guarantees, and so a single bail. Bail there are many reasons for these defects, such as legislative concepts biased, lack of social ethical values, monitoring mechanisms and inadequate distribution of power is not quite reasonable and so on.The third part of the comprehensive reform proposals put forward. In the reform of the bail system, they should follow certain principles, such as protection of human rights, presumption of innocence, due process and litigation efficiency. Specific system improvement, the bail must be given the "right" property, on this basis to expand the scope of the bail, bail guaranteed by way of increased liability relief measures to strengthen and give, and strive to achieve bail system completely perfect.
Keywords/Search Tags:bail, protection of human rights, coercive measures
PDF Full Text Request
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