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

As an important compulsive measure of criminal procedure, bail pending trial with restricted liberty of moving plays a significant role in safeguarding the human rights. Due to some deficiencies existing in the system of bail pending trial with restricted liberty of moving, the application rate of the measure is low, and the phenomena of illegally prolonged custody is serious. Take the study on the system of bail pending with restricted liberty of moving in china in order to find out its existing problems, refer to the mature legislation and practicing experience of the bail system in civil law system of western countries. On the basis of complete analysis and comparison of the bail system in civil law system both abroad and home, absorbing and referring to the content fit to the condition of our country, propose the sound suggestion. The paper includes some methods such as comparative law,law hermeneutics, the content of the study are as follows:This paper has been divided into four main parts.The first part is an overview on bail pending trial restricted liberty of moving. It studies the history of bail pending trial with restricted liberty of moving in China, introducing the system in old times, the recent times and the nowadays. And based on this, it analyzes the legal qualities and the legal functions of our country. The system of bail pending trial with restricted liberty of moving with mandatory and authority can be helpful to safeguard the human rights, smooth the procedural activities and realize the fairness of justice.The second part introduces the system of the bail system in civil law system, and the scope of application, the methods of obtaining a bail, remedy procedure and violating consequence etc. The investigation of comparison can be helpful to find the problems in the system of the bail pending trial with restricted liberty of moving in China, and provide reference to the improvement of the system.The third part introduces application situation of the system of the bail pending trial with restricted liberty of moving. The laws in China have clear-cut formulate about the scope of application, the methods of obtaining a bail, the responsibilities of guarantors, and obligation of suspects or defendants who obtain the bail pending trial with restricted liberty of moving. However, the system has some problems, such as the narrow scope, the less method, and without related measure. The influence of "right standard", the presumption of innocence and procedural materialism, and misunderstanding in directing concept of the criminally compulsive measure, justice investigating deficiency in pre-justice procedure, are the mainly significant reasons leading to the system with problems.The fourth part proposes suggestions for the reform and improvement of the system of bail pending trial with restricted liberty of moving in China. As for the reform and improvement of system of bail pending trial with restricted liberty of moving, to begin with, it should set up valuable system of safeguarding the human rights, the presumption of innocence, and procedural efficiency. On the basis of this, enlarge the application scope of bail pending trial with restricted liberty of moving, increase the methods of obtaining a bail, differentiate the responsibilities of suspects or defendants who obtain the bail pending trial with restricted liberty of moving and guarantors, and set up the related remedy measures.In conclusion, there are some deficiencies in the system of bail pending with restricted liberty of moving in China. Therefore, it should stand on the reality of China, with reference to the advanced experience of other countries, and carry out the reform and improvement according to the exact system as the same time as the justice concept reforms.