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Floating Population Released On Bail Problem Countermeasures

Posted on:2012-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:X M TengFull Text:PDF
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Currently , China is quickly undergoing economic-socio development and transformation. People's thoughts and concepts have greatly changed. Now more and more people, previously making a living as a farmer, choose to work or study or something like that outside. Because of these, a great number of floating population flock to the most cities all around China, especially the cities in north-east economically developed coastal areas. However, these floating populations seek a living for themselves and make a contribution to the local economic and social development, at the same time they also bring some uncertain factors for the public security, and the rate of crime of the non-local workers is increasing year by year.The use of coercive measure is not only one of the instruments that the Country achieves the power to prosecute but also the keystone pertains to the basic right of the citizen in criminal suits. It is laid down in the Criminal Law that there are five kinds of coercive measure, which is issue a warrant, detection, the bail pending trial with restricted liberty of moving, residential surveillance and arrestment. But arrestment is used extensively for the floating population, and it is the most severe coercive measure. Once used, it means that suspects are detained for a longer time and they lose their personal liberty. In this sense, the effect of the custody after arrestment and in prison is same. So once resorted, not only the personal liberty of the suspects but also the social appraisal, reputation, status and work of them has a bad influence. Compare with arrestment, the rest of coercive measures is used rarely, especially the bail pending trial with restricted liberty of moving. However, this situation not only affects to guarantee the basic right of the suspects, but also go against establishing a society ruled by law.The problem of the bail pending trial with restricted liberty of moving of floating population is the result of ideas deviation all kinds person in social and improper practices in judicial practice, and it also can be said the result of social transformation. Now, some places are trying to find the right way of how to do non-custodial of floating population, and they got successes in some extent. Although they have got different measures, the core is the same, which is social regulation. So, to find the solution of this problem we have to work out some measures of ideas, legal policies and supporting measures. In the roots, the problem of the bail of floating population is not only the problem of criminal procedure or the law but the problem of society. So, only when we work together can we solve this problem.
Keywords/Search Tags:Floating population, The bail pending trial with restricted liberty of moving, Protection of rights, Social regulation
PDF Full Text Request
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