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On A Guaranteed Pending Trial

Posted on:2010-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y TanFull Text:PDF
Abstract/Summary:PDF Full Text Request
A guaranteed pending trial is a kind of compulsive means by which the Public Security Organ, the People's Procuratorate and the People's Court demand that the criminal suspect or the defendant provide a guarantor or pay money to guarantee they can't escape or impede investigation, prosecution or trial. A guaranteed pending trial is one of the five coercive measures in the criminal procedure law of our country. Its strength is weaker than detain and arrest. It plays an important role in protecting the smooth proceeding of the criminal procedure and the human rights, and enhancing the efficiency of the criminal procedure. In the judicial practice, it is not applicable in most cases, and can not protect the prosecuted person's lawful rights and interests. But as a result of the limitation of conception and technology, the present system of a guaranteed pending trial has its defects and shortcomings, and its effect in application is not satisfactory. Because of the people's awareness of rights, the present system of a guaranteed pending trial has showed its defaults and shortcomings and can't meet the need of development. It's necessary to modify and perfect the present system of a guaranteed pending trial to keep up with the development of the society. It is kind of unrealistic to thoroughly transplant the foreign systems of bail into their own countries. It is more realistic and more feasible for us to refer to the system of bail to improve our guaranteed pending trial. With the hope to set up a guaranteed pending trial system that agrees with the actual situation and characteristics of China, to promote the scientificness and democracy of the enactment of criminal procedure law, and to elevate the level of the human rights safeguard in criminal action, suggestions to improve the system in aspects of legislation and application, which are based on the actual condition of our country and made by the comparison between analysis of the system and the advanced experiences of the bail system of the other counties, find their expression in this dissertation. The first step of improving the guaranteed pending trial is to reconstruct its value system, establish the philosophies of human rights safeguard and procedural justice. Additionally, we ought to improve the specific mechanism and corresponding remedy procedure of the guaranteed pending trial, such as enlarging its scope of application, increasing the methods of obtaining a bail, have to enhance the legal supervision on its, improving its remedy procedure, etc.
Keywords/Search Tags:Bail, A guaranteed pending trial, Improving countermeasures
PDF Full Text Request
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