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On The Construction Of Bail System In China

Posted on:2012-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z W LiFull Text:PDF
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Bail system is a system which can be used to release someone who is arrested or detained in criminal lawsuit under certain conditions. It originated from a universal and effective law practice of criminal proceedings in Britain. Because bail system can ensure pretrial freedom and save litigation resources, it is adopted by many countries. Although the bail pending trial system in China is similar to bail system in form that both of them are an alternative measure of detainment, there is great difference between their legislation concepts and regulations. There are serious defects existed in legislation concepts, regulations and practices of the bail pending trial system in China which bring very severe consequences. All these make the bail pending trial system ineffective in practice and it can not play a proper role. Therefore, the detainment rate in China is high and it wastes judicial resources and violates the rights of criminal suspects and defendants. While there is strong theoretical basis and rich litigation value in the bail system and it has great superiority compared with the bail pending trial system, so it is necessary to construct bail system in China.This thesis is divided into 4 parts:Part-1: Shortcomings of the bail pending trial system in China. The author believes that shortcomings of the bail pending trial system in China can be concluded in three kinds which are shortcomings in concept, shortcomings in regulation and shortcomings in practice. Shortcomings in concept means that the bail pending trial system in China violates the modern legal concept; shortcomings in regulation means that there are defects existed in designing the bail pending trial system which make it not practical; shortcomings in practice means that there are problems in practicing the bail pending trial system duo to defects in its regulation.Part-2: Theoretical basis and litigation value of bail system. The theoretical basis of bail system is safeguarding human rights principle, presumption of innocence, procedural justice principle; the litigation value of bail system consists of mainly limiting public power to violate citizens'human rights. It is favorable to exercise right to defense for defendants, to suppress extortion of confessions by torture, to solve extended detainment phenomenon, to ensure the realization of impartial jurisdiction. Part-3: Foreign legislation of bail system. This chapter will analyze the provisions of bail system of Britain and the United States in the Anglo-American law system and France, Germany and Japan in civil law system. Through the analysis and comparison of bail system in these countries, references can be provided for constructing bail system in China.Part-4: Constructing of bail system in China. There are two sections included in this chapter. One is the necessity and feasibility of constructing bail system in China, the other is detailed design of bail system in China which includes the nature of bail, application scope of bail, patterns of bail, procedures of bail and punishment when bail obligations are violated.
Keywords/Search Tags:Bail Pending Trial, Bail, Construction
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