The Construction Of Guaranteed Pending Trial Procedure In China

Nowadays, the system of guaranteed pending trial in China was highlighted in the field of criminal justice. As an important compulsive measure, the guaranteed pending trial, a special concept in our country, should have played a significant role in safeguarding the human rights of criminal procedure. However, the application rate of this measure was low in practice. Overtime detention and detention in disguised form was being the most outstanding problem in criminal proceedings. Obviously, It did not have the function lawmakers had excepted. Although there were some deficiencies in the system of guaranteed pending trial, the most important reason was that the guaranteed pending trial procedure had not been constructed in China. And it was also the main difference between guaranteed pending trial and bail system in western countries. Therefore, the dissertation made a detailed discussion on the bail procedure in civil law system and in common law system and deeply analyzed the current problems with guaranteed pending trial in China. And the most important way was to construct guaranteed pending trial procedure in china.The guaranteed pending trial procedure in this dissertation referred to the obtaining procedure of guaranteed pending trial, the protecting procedure of guaranteed pending trial and the withdrawing procedure of guaranteed pending trial. Besides, the remedy procedure of guaranteed pending trial was also indispensable during this process. The function of guaranteed pending trial procedure was to standardize the application of guaranteed pending trial in practice, achieve the ambition of safeguarding the human rights, improve the efficiency of criminal litigation and economize the judicial resources. For these purpose, the bail procedure that was very similar with guaranteed pending trial should be studied firstly. Although the essential differences existed, the procedure included was very close. It was bail procedure that also had the obtaining procedure, the protecting procedure and the withdrawing procedure. On the basis of comparative analyses between these two procedure, taking into account the practical situation, the author asserted that the system of guaranteed pending trial should be reformed. And some suggestion about the construction of real guaranteed pending trial procedure was put forward.This paper was divided into 5 parts. Chapter 1, an overview of guaranteed pending trial, including the concept of guaranteed pending procedure and the value of guaranteed pending procedure. Chapter 2, introduction of bail procedure in western countries, not only the civil law system, such as England, American, Canada and so on, but also the common law system, French, Germany, and Japan etc. Chapter 3, the analysis for the practical situation and main problems with guaranteed pending trail in our country. The last part is the detailed measure of constructing guaranteed pending trail procedure in China.