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The Analysis Of The Problems And The Suggestions Of The Perfection Of The Be-Released-upon-Bail-Trending-Trial System Of China

Posted on:2008-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:R J QiFull Text:PDF
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Be-released-upon-bail-pending-trial system, both one of the important rules in criminal prosecution and one of the compulsive measures manifesting the level of human rights safeguard to the most full degree in the criminal procedure law of our country, plays a significant role in making the criminal action go smoothly, punishing the crime effectively and protecting the rights of the criminal suspects practically. Whether the system is perfect or not and the in what way it is applied will exert great influence to a real extent on the construction of the penal procedure on the whole and reflect the level of the human rights safeguard in criminal action. There still exist many deficiencies and problems in the legislation of the present be-released-upon-bail-pending-trial system of our country and disorder and abuses in its application, which has become the focus of the public attention and undermined the authority and the image of the police.With the application of the be-released-upon-bail-pending-trial system in police as materials, this dissertation reveals, comments on and analyzes problems and their causes in the application of the system from the viewpoints of social backgrounds, legal tradition, ensuring mechanism and conditions of its application. Moreover, with the hope to set up a be-released-upon-bail-pending-trial system that agrees with the actual situation and characteristics of China, to promote the scientificness and democracy of the enactment of criminal procedure law, and to elevate the level of the human rights safeguard in criminal action, suggestions to improve the system in aspects of legislation and application, which are based on the actual condition of our country and made by the comparison between and analysis of the system and the advanced experiences of the bail system of the other counties, find their expression in this dissertation.
Keywords/Search Tags:be-released-upon-bail-pending-trial system, human rights safeguard, bail system, problems, causes, and perfection
PDF Full Text Request
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