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Judicial Reform Of Guarantor Pending Trial To Bail

Posted on:2006-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:Z F JinFull Text:PDF
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The Chinese guarantor pending trail system was developed from the Criminal Procedure Law of the year of 1979, which defined that it is an enforcement measure in parallel with custody and arrest. In the judicial practice, the guarantor pending trail system is not applicable in most cases, and cannot protect the prosecuted person's lawful rights and interests. The Anglo-American bail system as a right for the prosecuted person well protects his lawful rights and interests. The Anglo-American right to bail is not an absolute right, but in fact is the abbreviation of "presumption of bail trend" and the courts must consider the option of bail at the first. Only in the case not permitting bail prescribed in the law, the prosecuted person can be taken into custody. The detainee shall have the right to apply for bail and in the case that bail is not allowed he shall have the right to judicial remedy. The right to bail contains concepts such as presumption of innocence, the idea of freedom, procedural protection, rights protection, and avoidance of risk of verdict of "not guilty", so its advantage is obvious. The Chinese guarantor pending trail system is an enforcement measure, mainly based on the concept of procedural protection, but mixing the presumption of innocence and presumption of guilty. Therefore it is a kind of qualitative error feat the guarantor pending trail shall be a kind of right The reason that it did not play its role is that the law term is not precise, the judicial functionaries' concept is different, the judicial review procedure for custody before trail is defective, the judicial remedy procedure for the party concerned when the guarantor pending trail is not approved is blank, the prosecuted person's liability of escape from guarantor pending trail is meaningless, and so oaThe bail before trail for the prosecuted person is required as China joined International Covenant The countries with continental law system have also adopted the bail system. With the development of the Chinese law building and awareness of protecting human rights, the bail system is a certain selection of the Chinese system of criminal proceedings. However, the Anglo-American bail system also has serious defects, and due to the Chinese current social security fact China shall not copy the...
Keywords/Search Tags:guarantor pending trail, bail, concept, qualitative, reform integrity
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