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Bail Applicable To The Study

Posted on:2012-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y TianFull Text:PDF
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Bail is one of the compulsory ordained measures in the Criminal Procedure Law of China, which constitutes the criminal compulsive system in China with spying one's residence, summoning for detention, criminal detention, arrest.Essentially, it isn't a right of citizens, but is an act from exercising the power under law. The purpose of establishing bail is to guarantee the effective exercise of criminal justice power from justice organizations, and the plain sailing of criminal suit. The character of the bail system in China is a "power system", not "the right system."The pattern of Chinese criminal suit has emphasized the power authoritism model,and it means that this judicial conception deeply rooted in our minds.In 2008, The Work Report of Supreme People's Procuratorate stated that the national detention rate of closed to 90%, compared to only 10% of the average bail during five years,2003-2007. Since 2008, the proportion of non-custodial compulsory measures has increased slowly.For example, the primary's Procuratorate involved author, the proportion of bailing application is still low. During three years in2008, 2009,2010, bail rate has been stable at 20%-25%. At the same time, bail is also low rate for criminals who sentenced non-custodial sentence by the district court, where there is more than half of the arrested defendant, meaning that at least half of the offenders sentenced probation status requires the release from pretrial detention. In addition,the examination and approval of bail is not strict and executing is random,meanwhile,approval, the charge, custody and confiscation for cash deposit is also confusing. The lacks of idea of law enforcement and legislatively judicial systems and judicial resources directly lead to many maladies of bail system in judicial practice. Therefore, it is necessary to draw lessons from and refer to relevant principles and provisions about bail system of extra-territorial in order to rebuild our bail system.Expanding the scope of bail, it becomes general rules in pre-trial and trial Bail, and detention is an exception.Adding the ways of bail, definiting the time limit of bail, transfering the right to appeal the bail to appeal right for positing as the rights of citizens, clearly changing decision rights institutions on bail to judicial institutions for independently establishing an offense for bail; otherwise, we can introduce non-state forces for effective support of bail application. Realization of constitutionalization of bail right is ultimate way to the realization of the rights of the bail. The basic spirit of the signed International Convention by our country fuses into the Constitution, and this way turns bail into a constitutional right for citizens.
Keywords/Search Tags:bail, application, bail system, reference, improve the framework
PDF Full Text Request
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