On The Application Of Bail Pending Trial With Restricted Liberty Of Moving To The Floating Population

Judicial practice in China, released on the application of the bail pending trial with restricted liberty of moving was very low. Floating population suspected of a crime, was released on the bail pending trial with restricted liberty of moving even lower. Population movements in modern society have become increasingly frequent, especially in the economically developed coastal areas, the mobile population in the total crime, a higher proportion of the number of urban crime, but because of the floating population of special social, judicial practice, there is frustration, the litigation system defects, weak capacity of social control, and legal and cultural traditions of the potential micro-both areas resulted in their release on the bail pending trial with restricted liberty of moving can not be with the "locals" enjoy the same treatment. To solve the problem released on the bail pending trial with restricted liberty of moving about the floating population and help put into practice the principle of equality before the law and carry out the less favorable economic phase of the criminal policy is conducive to give full play to the role of bail alternative to custody, more conducive to crime control and protection of human rights homeostasis. To this end, this article from the empirical point of view of the status of the application of the bail pending trial with restricted liberty of moving to the floating population to conduct a comprehensive introduction and analysis, combined with its cause to point out to ensure that the application of the bail pending trial with restricted liberty of moving about floating people should be significant. Then, to ensure that the floating people with emphasis on the application of the bail pending trial with restricted liberty of moving of the general idea proposed by the recent reform measures and long-term objectives of the reform.This addition to the introduction and conclusion, the text is divided into three chapters. The first chapter introduces the floating population in the basic conditions for the bail pending trial with restricted liberty of moving. In this section, the author combines a city in the province of a district-related data collected by the substantive departments to introduce the mobile population in the city's overall crime situation in a particular area, types of crimes as well as the distribution of the application of coercive measures. Mobile population and the local population will be released on the application of the bail pending trial with restricted liberty of moving of data comparison, I found that the floating people in the application of the bail pending trial with restricted liberty be difficult to enjoy, "The same treatment", mainly based in custody, the way in ensuring the provision of money insurance Zeyi mainly The final sentence with the arrest of the penalty to be met when the requirements are not commensurate.Chapter II detailed analysis of floating population released on "difficult" reasons about the application of the bail pending trial with restricted liberty. The author believes that a highly mobile population mobility, flow a very wide range of social characteristics with their difficulties in meeting the requirements of the bail pending trial with restricted liberty, investigators are reluctant to bail them. Digital assessment mechanisms as well as "confessions doctrine-centric" model allows the investigation of the floating people case-handling staff to take enforcement measures, in order to open custody, headed to choose will be considered final conviction and sentencing of the investigation stage the critical stage. Meanwhile, on the system itself, in the application of bail conditions, guarantees that supervision, and so flawed, it can not help but exacerbate the mobile population in the application of the bail pending trial with restricted liberty of differences with the locals. China's Investigation and limited resources, investigative techniques is relatively backward, weak social control, coupled with bail supervision of a mere formality, which allows investigators reluctant to take risks on the floating population of the coercive measures taken to the bail pending trial with restricted liberty. Legal and cultural traditions has to a certain extent, affect the release on the bail pending trial with restricted liberty in the alleged crime, the application of the floating population, especially in recent years, public enthusiasm for the administration of justice recession, the general public's indifference to the system, indirectly led to the floating people in access to the application of the bail pending trial with restricted liberty areas more difficult.The third chapter of the application of the bail pending trial with restricted liberty of the floating people to ensure that the basic concept. First of all, the article pointed out that the application of the bail pending trial with restricted liberty about floating people to ensure that the significance and necessity. Released on the application of the bail pending trial with restricted liberty in the treatment to the floating population on the issue of lack of, the existing system did not meet the needs of social development, reform the system of the bail pending trial with restricted liberty is the trend. Such reform must be combined with China's judicial practice, to carry forward the tradition of popular participation in criminal proceedings, take the "local conditions, step by step, focused," the path of building the public support system to bail for the alleged crime, and in accordance with certain conditions, the flow of population bail pre-trial opportunity. Specifically, it will ensure that the bail application of the floating population is divided into two phases. Recent major measures are: a clear bail conditions, the reform of decision-making process; reform guarantees that expand the scope of the guarantor; established in the interests of good faith, sanctions, relief mechanisms; strengthen the implementation agencies and the community with supervision; improving investigative techniques to enhance social control force imposed mild cases of fast-handling mechanism to shorten the handling time. Long-term goal is to establish relevant laws and regulations through the establishment of social support institutions to provide risk assessment reports from the provision of appropriate cells to provide effective supervision of sponsors and conditions, and other mobile populations suspected of a crime was being released on bail opportunity. Through the floating population of this special group of bail conditions applicable to the concerns, expectations on China's system of compulsory measures for criminal investigation and the whole reform program benefits.