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Research On Improving System Of Release Upon Bail Pending Trial In China

Posted on:2010-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y B SunFull Text:PDF
GTID:2166360278467769Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Release upon bail pending trial, residential surveillance, detention, and arrest constitute mandatory measures of the Code of Criminal Procedure System of our country.The establishment of Release upon bail pending trial system not only reflects the function of the mandatory measures to ensure the smooth conduct of the Criminal Procedure, but also contains the idea of protecting the criminal suspects and the human rights of defendants.However, because of the limitations in legislative concept of Release upon bail pending trial system, as well as defects in design of the system, there are serious phenomena in the application of the judicial practice of Release upon bail pending trial system, such as the low rate of release on bail, high detention rates, extended custody, etc. This is not only an infringement of the right to personal freedom of criminal suspects and defendants, a violation of principles of human rights protection and the presumption of innocence, but also a serious obstacle to China's democratization process in criminal proceedings.Therefore, there is a need to reform and improve the Release upon bail pending trial system and to give it as a basic right to the suspect and the defendant, so that we can achieve the organic unity of double value aims of both crime control and protection of human rights.This paper expands in detail the historical development, value and function, and positioning property of the Release on bail pending trial system in China. Based on the review and comparative study of the Release on bail pending trial system in Great Britain and the United States, in addition to the research on the legislative status of the system in China, the paper further analyzes the shortcomings and the reasons in the Release on bail pending trial system from the aspects of Legislative philosophy, system level design and the judicial practice.Finally the paper proposes specific ideas on improving the Release on bail pending trial system in China, integrating with the practice in China and the advanced legislative concept and system design in bail system learned from Britain and the United States.
Keywords/Search Tags:Release on bail pending trial, release on bail, comparison, improve
PDF Full Text Request
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