The Study On The Guaranteed Pending Trial

The guaranteed pending trial is one compulsive measure stated in China's Law of Criminal Litigation. However, the guaranteed pending trial is seldom employed in our law practice; the reasons, on one hand lie on the system's imperfection, and on the other hand on the judicial workers. Starting from the problems in the judicial practice, the author studies the foundational theories and explores the litigation value and function of the guaranteed pending trial; From the perspective of comparison and reference, the thesis probes into the concerned law of foreign countries, with an emphasis on the bail system of Anglo-american law. The author reflects on the current domestic law and made suggestions for improvement by the comparison with the foreign one. As to the reform of the guaranteed pending trial, the thesis suggests a guideline of step-by-step advancement with an eye to the crime of minors.