Research On The Reform Of Guaranteed Pending Trial System In China

Everyone charged with a penal offence has the right to apply for obtaining a guanranteed pending trial. That is the basic demand of the Principle of the Presumption of Innocence, and is also the specific embodiment of the human rights safeguard in the Criminal Suit. Compared with bail system of western countries, China has not yet decided on the pre-trial detention system under the principle of bail and exception of detention. but similar to the pre-trial detention system, guaranteed pending trial System is regulated only as a compulsory measures in order to make investigation work and criminal justice activities successful. It has been regarded as measures or tools .Whether obtaining a guanranteed pending trial is permitted or agreed basically depend on the need of controlling crime. Interaction on regulation and law drawed up under the guiding thought directly lead to low utilization rate of guanranteed pending trial System in their judicial practice ,while rate of Pre-trial detention is still high .finally this reflect unjustness on defendant. This article tries to put forward some thoughts on how to improve China's bail system in criminal procedure through analyzing a prominent question about guarantor pending trial system in their judicial practice, on the basis of using bail system of western countries for reference, consulting United Nations minimum standard on criminal procedure, in the light of specific condition in our country, and fully reflected the thought of human rights protection.