Study On Guaranteed Pending Trail

The guaranteed pending trial in our country, like the bail in common lawsystem, provides a assuring way to let the suspect come back to society fromthe place of custody. It is the embodiment of the human right principle and thedoctrine of the presumption of innocent in criminal procedure. This systemincludes substantial and procedural factors, right, duty and responsibility. Abetter mode is expected as our study on it.The thesis can be divided into three parts: the analysis to guaranteedpending trial from three angles of view, the problems and causes of guaranteedpending trial, and the systematic conceive on improving.The first part lays stress on the meaning and necessity of this system, whichis the basic of the following discuss. The author choices three different angles:historical analysis, value analysis and litigant psychoanalysis.From the historical view, this can be categorized tradition system andmodern system. The tradition one shows different characters in ancient Chinaand Europe. In china people used it mainly at investigation procedure withstrong character of power. But in Europe they had deep belief in human rightsand equality, so it was often applied in court proceedings, and people alsomade some rules on guarantor. For the reason of innovating conception, peoplein these countries use each other's for reference when they inherit tradition.From the value view, if this system can be properly executed, it will save thejudicial resources, increase efficiency, safeguard human rights and rationalizethe proceeding. In litigant psychoanalysis view we can combine single anduniversal psychology to built deep-seated basic of guaranteed pending trialafter studying on every role in it and law force.The second part narrates the disfigurement of current law in drafting andenforcement. The society criticizes the law partly because it conflicts with...