On The Application Of Bail Pending Trial

The"guaranteed pending trial"system is a unique mandatory measure in China's criminal procedural system. The purpose of this legislation is to ensure a smooth criminal procedural process and to protect the human rights of the suspect. In judicial practice, however, the system is facing some embarrassing difficulties which run against the original legislative design. This paper starts with questions that lead to in-depth analysis of the system. It attempts to reconstruct China's"bail pending trial"system based on experiences and lessons learned from other countries'similar systems. The paper first gives a brief introduction of this Chinese system as stipulated in the country's Criminal Procedural Law. It then presents a general review of the bail system in some foreign countries, highlighting the similarities and differences between the Chinese and foreign systems. Based on such comparison and contrast, the paper then attempts to find a bail system for China that is both appropriate for China and in line with international best practices. The paper ends with suggestions for how to reconstruct China's"bail pending trial"system. Reconstructing a system is not an easy job, but it is meaningful for the society as a whole. The bail systems of other countries have developed into its current form from these countries'own social and ideological background. It is the focus of discussion in this paper to find out how to build upon the advanced judicial systems of other countries and put in place these systems in China that are even further improved and fit China's national conditions. The paper hopes to provide useful insights to the perfection of China's"bail pending trial"system.