On Non - Custodial Enforcement Measures

Non-custodial coercive measures is the specific mandatory measures which aims at the Suspects and the Defendant to limit their personal freedom, including Subpoena, Residential surveillance, and Bail.Currently, since the Criminal Procedure Law of People’ Republic of China of 2012 edition is modified, although legislation have a greater degree of improvement on non-custodial coercive measures, but it didn’t have a good applicable effect, it is often used as the measures of disgnised in custody, or use them as a means of last resort, high rate of pre-trial detention in judicial practice is still an uncommon phenonmenon. Compared with foreign bail systems, our’s non-custodial coercive measures still needs to be improved, there still have huge gaps between judicial practice and legal system. If we can combine the national conditions of our country, draw on the experience of the bail system model from abroad, establish bail system with Chinese characteristics, it will be more coducive to solve the high rate of our pre-trial detention and diguised custody issues, also can reduces the waste of judicial resources, improve the efficiency of the proceedings. This article combined the theoretical analysis and value analysis of non-custodial coercive measures, and analyzed for non-custodial coercive measures’ problems in practice, draw on the experience of Anglo-American’s bail system and combine of presumption of innocence simultaneously, propose ideas and improve the proposed reforms, has a very important practical significance in reducing unnecessary criminal detention and protetion of human rights.