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On The Legislative Improvement Of Our Bail System

Posted on:2011-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y N NiuFull Text:PDF
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Bail system is a system which can best embody the function of human rights protection in China, while in the present judicial practice, the results achieved are not satisfactory. The reasons for the problem are all reflected in the imperfections in legislation and the missing of implementation, so it's imperative to improve the bail system.The paper has four parts.The first part describes our bail system firstly, and gives us a overview of our bail system from three aspects such as its main content, history development and its values.The second part compares the Anglo-American bail system with our bail system, then gets some useful suggestions to our reform of the bail system.The third part analyzes the defects of our present bail system in legislation and practice, and then shows the reasons why the defects are caused. Firstly, the constrains of traditional criminal concepts. Secondly, legislation technology is less advanced, and there is lack of concentration on the practical implementation of the law. Thirdly, criminal investigation is less technologically advanced, and the quality of judicial personnel is not high. Fourthly, the external environmental constrains of bail application.The fourth part mainly gives some proposals for the improvement of our bail system. In this part, the author talks about the significance of improvement on bail system firstly, and then gives suggestions of perfecting basic conception, such as protection of human rights, the presumption of innocence, the establishment of appropriate pre-trial detention control principles, and then gives the suggestions of setting up specific systems, and eventually hopes to give some help for the improvement of our bail system.
Keywords/Search Tags:bail, compare, defect, perfect
PDF Full Text Request
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