Research On The Guaranteed Pending Trial System

As one of the five compulsory measures which were prescribed by the criminal procedure law in China, Guarantor pending trial plays a significant role in protecting the rights of the criminal suspects practically, making the criminal action go smoothly and punishing the crime effectively. So, the construction and the way in which it is applied will exert great influence to a real extent on the construction of the penal procedure. However, due to various reasons, there are still many deficiencies and problems in the legislation and the judicial practice, which affect the appliance of Guarantor pending trial, and violates the legal rights of defendants.The paper starts from theory and practice, on base of the introduction of the current situation of Guarantor pending trial to analyze natures, features, the origin of the Guarantor pending trial, and compared with bail system and Guaranteed pending trial system in our country about legal rules. The second part introduces the bail system of abroad and analyzes the differences between UK-Uslegal system and mainland legal system. The third part analyses present situation of Guaranteed pending trial. The last part is the foothold of the paper. There are two aspects to improve our Guaranteed pending trial, one is the idea transformation for the construction and operation of Guaranteed pending trial, the other is the perfect specific measures of Guarantee pending trial.