Expanding The Adopting Scale Of The Guaranteed Pending Trial System

The values of criminal procedural law include defeating the crime and protecting the human rights of the accused men. The adopting scale of pre-trial detainment is large, one of the direct causes is the adopting scale of the guaranteed pending trial system is small, especially the accused men applying for that. The large adopting scale of pre-trial detainment seriously do harm to the freedom of the accused men.The police and the judicial organs organized examinations to solve the problem of large adopting scale of pre-trial detainment. But it couldn't solve the problem indeed. The problems of large adopting scale of pre-trial detainment and serious prolonged detainment are still unsolved.Expanding the adopting scale of the guaranteed pending trial system can directly make the adopting scale of pre-trial detainment smaller. For expanding the adopting scale of the guaranteed pending trial system, we need to conduct a series of evolution to the guaranteed pending trial system.This thesis consists of three chapters:Chapter one: Introductions of the guaranteed pending trial system of China, the bail systems of Great Britain,USA,Japan,France and Germany.Chapter two: The small adopting scale of the guaranteed pending trial system has a lot of causes. This chapter points out the problems and causes of basic theories and basic procedure of the guaranteed pending trial system.Chapter three: For expanding the adopting scale of the guaranteed pending trial system, I put forward some measures to perfecting the guaranteed pending trial system.