The Building Of The Juveniles' Bail System Of China

We should emphasize the juveniles'rights of not being detained and being bailed, for the physical and psychological particularity of the juveniles. We should constitute the juvenile bail system which is independent of the bail obtaining a guarantor pending trial system appropriate for the adult as soon as possible. I will put forward my opinion in this paper about constituting the system of juvenile bail. This paper consists of four parts, in first part we infer the difference between the system of bail and the obtaining a guarantor pending trial system, based on summarizing the difference of theoretic base , development and actuality and so on. In second part, analyzing necessity and feasibility the constitution of the independent system of juveniles bail. Firstly, summarizing current condition of juveniles'obtaining a guarantor pending trial system, and by relation with the physical and psychological particularity of juveniles hereby provide the shortage on the present system of juveniles obtaining a guarantor pending trial system; Secondly, discussing the necessity of constituting the independent system of juvenile bail, connection with judicial reform, protecting juvenile's right, following the trend of U.N. criminal justice and the need of criminal policy in China .Lastly, from the flexibility of present law system and social idea, the elusion of venture and otherwise respect discussing the feasibility of constituting the independent system of juvenile bail. Constituting any system, naturalization is the most important premises. In the third part of the article we provide that the premises of constituting the system of juvenile bail is to convert present mixed opinion, and emphasis the two important factor, namely newly survey the nature and function on the system of detain before trial on the basis of jeopardousness, and point out that the juvenile bail system's essence is the juvenile suspect's right, and basic principle on the system of juvenile bail. In the last part this paper, we provide some suggestions on the system of juvenile bail, including using for reference procedural bail system of England, constituting the procedural system of juvenile bail system of China, newly designing the system of juvenile bail, instituting the mechanism of evaluating venture and building multiple kinds of guarantee of the juvenile system, and instituting the legal duty of the juvenile system and so on. Judicial practice is sole standard for evaluating whether a legal system is right or not. Before the judicial practice of juvenile bail system, theory or inference is so useless. But in "Mahadoh, dem Herrn der Erde"what had said we should remember: "He should punish,He should tolerate, and he must evaluate others on the nature", so even if the juvenile bail system provided in this paper has been proved utopian in the judicial practice, at least we embody in this paper the trend of judicial development, and "influencing human by human nature"embody non-penalty and light penalty of juvenile justice.