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The Study On The Guaranteed Pending Trial System

Posted on:2009-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:L JinFull Text:PDF
GTID:2166360245488750Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The guaranteed pending trial system is one of five compulsory measures, compare with arrest, the guaranteed pending trial system is more freedom. Its basic value lies in the safeguard of smooth criminal prosecution, and it conforms to the basic principles of procedural rights protection, explicated by the Law of criminal Procedure. However the guaranteed pending trial system is seldom employed in our judicial practice. It violates legislators' original intention, also doesn' t conform to the protection of human right, urgently needing reforms. Now in our country the legal system is occupying the reforming time, so the special national conditions cause us to think profoundly.The guaranteed pending trial system in police as materials, this dissertation reveals, comments on and analyzes problem and their causes in the application of the system from the viewpoints of social backgrounds, legal tradition,ensurning mechanism and conditions of its application. Moreover, with the hope to set up a the guaranteed pending trial system that agree with the actual situation and characteristics of China, to promote the scientificness and democracy of the enactment of Law of criminal Procedure, and to elevate the level of the human rights safeguard in criminal action, suggestion to improve the system in aspects of legislation and application, which are based on the actual condition of our country and the advanced experiences of the bail system of the other counties, find their expression in this dissertation.
Keywords/Search Tags:criminal procedure, compulsory measures, the guaranteed pending trial, bail
PDF Full Text Request
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