Reflections And Improvements On The System Of Release Upon Bail Of China

It is imperative to amend and improve the legislation of Chinese criminal procedure. To amend and improve the criminal legislation is an extensive scope and far-reaching project, in which the criminal compulsory measure is an important aspect, directly bearing on the concept and goal of criminal procedure as well. As one of the major system, release upon bail is the key to the amending and improving of criminal compulsory measure.For the impact on biased understanding of system and setting up of compulsory measure, there are some designed flaws on the law standard of release upon bail. Besides, as the negative factors of specific application and operation, there are some problems of theoretical foundation, legislation and practice need to solve urgently.Based on the amending of legislation of criminal procedure, an overall grasp and objectively examining the legislative design and practical application ,it directly and practically impact the re-building and improvement of compulsory measure, the pursuit of fighting against crime in the criminal pre-trial and realization of the idea of the protection of human rights.The paper outlines the concept, characteristic, the general operating mechanism and history of Chinese legal aid system on the basis of china current system of release upon bail. Through understanding on release upon bail, it arises from recognition on compulsory measure of modern criminal procedure. It's mainly about the basic concept of modern criminal procedure and points out the requirements and principles for the design and application of compulsory measure based on such concept.Besides through the perspective of modern criminal procedure, complete understanding, position, combining the application and basic situation of modern legislation, it emphasis on the legal value and practical significance of the improvement of release upon bail. Moreover, by the analysis of problems existing in Chinese current release upon bail, it identifying problems and inadequacies with reference to foreign valuable bail system. At last, it correspond solutions and feasible ideas for the improvement and reform on release upon bail and compulsory measure.