On Completing System Of Awaiting Trial On Bail In This Country

Awaiting trial on bail is defined as a mandatory approach in criminal proceedings in which the criminal suspects, defendants, or others involved in the law apply to the courts, the People's Procuratorate and the public security organs for charging the suspect and the defendant to present the guarantor or pay for the security deposit to make sure that criminal suspects and defendants will not evade from or hinder the investigation, prosecution and trial, and come to the court any time when summoned. When revising Criminal Procedure Law in 1996, China once again clearly defined the system of awaiting trial on bail, but there are still many problems of the system of awaiting trial on bail in practice in our country. In order to explore in depth of the application of China's awaiting trial on bail, so as to promote the completion of this system, and make it better to serve for judicial practice, the writer will make an analysis and demonstration of the concept of awaiting trial on bail, the theoretical basis, problems, and the reference significance of the foreign system of bail, and talk about how to improve the system of awaiting trial on bail.The first part is an overview of the system of awaiting trial on bail. Awaiting trial on bail is one of five mandatory measures provided in China's Criminal Procedure Laws. In 1979, China's first Criminal Procedure Law made a clear provision on the system of awaiting trial on bail for the first time, which marked a qualitative leap in the work of criminal proceedings in our country. The establishment of the system of awaiting trial on bail is an important manifestation to protect the personal rights of citizens, a concrete manifestation of the implementation of the principle of presumption of innocence, an efficient performance of China's litigation in judicial activities, and this system plays a legal function in guaranteeing criminal suspects and defendants not evade from or hinder the investigation, prosecution and trial, and ensure that they will come to the court any time when summoned. The application of the system of awaiting trial on bail exerts a significant impact on the democratization process of Chinese criminal proceedings, so China should conscientiously do a good job in the perfection and implementation of the system of awaiting trial on bail, to make sure the smooth progress of the trial in court, but also to achieve little custody, so as to protect the right to liberty of criminal suspects and defendants.The second part is the comparative investigation into foreign system of bail. Our system of awaiting trial on bail is similar to the system of bail in function, and the system of bail is a system that case-involving people who is in custody pending investigation and trial can obtain the release after providing security and fulfilling the necessary formalities. The system of bail plays an important role in protecting the right to liberty of the criminal suspects and defendants, guaranteeing of normal conduct of the proceedings, maintaining the stable order of the whole society, and reducing the cost of the corresponding fiscal expenditure. The Habeas Corpus Act in Britain in 1679,established the system of bail for the first time, clearly defined that detainees enjoyed the right to apply for bail and not in custody, and the bail law was promulgated in 1976, which clarified the legal status of the system of bail. The theoretical foundations of the system of bail are: First, any citizen has the right to liberty; second, the presumption of innocence. There are many aspects we can learn from the system of bail no matter in the legislative ideology or specific operations and implementation of our system of awaiting trial on bail.The third part is about the problems in the application of the system of awaiting trial on bail in our country. Awaiting trial on bail plays an irreplaceable role in the judicial practice, but the shortcomings and deficiencies can not be ignored either. Nowadays, as the respect for human rights and protection of human rights have become the an international trend, how to find the best conjunction point between punishing crime and protecting human rights is the problem our country should address and do well. There are some deficiencies of our system of awaiting trial on bail at the legislative level: the provision on awaiting trial on bail is far too broad and the application scope is too flexible which make it difficult to grasp in practice; each department acts on its own and the judiciary does what it thinks is right; the enforcement of awaiting trial on bail is weak after a decision, and the legal provision is like a rubber stamp, and it is lacking of effective supervision on the approval process of the decisions on awaiting trial on bail. The judicial shortcomings in practice, the pressure of work index investigators in their daily handling cases, and the shortage of policemen, as well as the concepts and understanding of the law of investigators, the internal assessing mechanism of the handling organs and the improper links between the work of various judicial authorities will impact the application of awaiting trial on bail, and these circumstances above play a serious constraint role to the awaiting trial on bail, causing that the legitimate rights of suspect and defendant can not get due protection. The fourth part includes a few suggestions on the completion of system of awaiting trial on bail. In order to improve the efficiency of the judiciary in handling cases, to protect the litigation activities in an orderly manner, to avoid the occurrence of corruption, and to reduce costs on law enforcement, to maintain the interests of the parties, it is necessary to further improve system of awaiting trial on bail at the legislative level against the deficiencies of our system of awaiting trial on bail in the judicial practice. China's legislative thinking should abandon the traditional thinking of many years, find something new in what is old, change from power-based to rights-based, and further clarify the application scope of awaiting trial on bail, improve the conditions of awaiting trial on bail, amend the relevant legal provisions at the right time, as well as set up specialized approval agencies on court, accredit the examination and approval authority of awaiting trial on bail to the court and change the present situation that each department acts on its own, set up specialized enforcement agency within the public security organs, to enhance the management of awaiting trial on bail, set up relief program in the system of awaiting trial on bail according to China's actual situation, based on the principle of respecting for human rights. As long as getting the above work together and doing a good job, the writer believes that our system of awaiting trial on bail will play its due role, an active role in promoting the construction of a harmony community.In short, due to the short time span of the implementation of the system of awaiting trial on bail in our country, there is a lot of controversy over the understanding of it no matter in legal circles, or in specific judicial practice, but along with the continuous improving of awareness, our understanding of the system of awaiting trial on bail is continuously deepened, and the system of awaiting trial on bail has been improved gradually, so the writer believes that the system of awaiting trial on bail will give full play to its role in promoting a sound and fast development in China's litigation activities.