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A Study On The Issue Of Bail

Posted on:2016-12-19Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
Abstract/Summary:PDF Full Text Request
“Law of Criminal Procedure” of 2012, as a shining point, reset guaranteed pending trial system. Since then, bail and residential surveillance were no longer tied to similar compulsory measures but differentiated clearly from one to another. The newly revised “Law of Criminal Procedure” stipulated in detail the bail system and further defined its basic content, as well as thoroughly analyzed scope of residential surveillance.The law relating to compulsory measures of legal system is to ensure the smooth criminal proceeding process. Bail can guarantee the legitimate rights of being bailed to the maximum extent, which fully reflect law enforcement with humanity. But we should know that there exist lots of problems in current bail working procedures and the actual applicable situation is not pleasant which resulting in the bail legal functions don’t achieve the results as expected.The present paper, using substantive branches’ bail studying situation as a starting point in China, preliminary explores improvement of legal bail system and analyzes various aspects of bail applicability in research points as well as provides relevant suggestion on improve and complete bail system. This paper aims to effectively detect new problems in bail system and consummate this system which better serve the country’s criminal justice practices.In addition to introduction and conclusion, the article consists of three parts, a total of number of 20000 words.The first part is the research description of H District of Guiyang City. It mainly presents the representative of research point and value of research data from two aspects of reason of choosing research point, research method and process and research situation.The second part is the collection and analysis of survey data in H District of Guiyang City. It includes two parts: the first is the bail conditions in H District of Guiyang City, the second is the research conclusion. Through organizing and analyzing six aspects of bail conditions in H District of Guiyang City, the evaluation concerning bail applicability is reached, such as existing question and reasonable applicability. This part also presents auxiliary with 10 graphs and 6 tables.The third part is to offer relevant recommendations and improvements against the bail problems in H District of Guiyang. According to the problems found in research, the present paper plans to demonstrate suggestions from four perspectives including legislation from superiors, corresponding levels’ impartial judicature and strictly enforcing the law, people’s knowing and abiding by law and operation in the same level and sever aspects: perfecting legislation and strengthening supervision, intensifying legal promulgation to well-building the legal system in H District, establishing and improving population information network system,building inter-regional judicial investigation system, playing nearby supervised role of community on bailed people, strengthening the construction of legal team, building bail forfeiture judicial relief system, establishing bail prosecutorial supervision system, strengthening legal supervision on bail and so on.The paper uses H District of Guiyang City as subject and research result as investigation report to prospect the current situation of bail system via regional research findings and offers suggestion concerning how to reform and improve the existing bail system.
Keywords/Search Tags:The bail pending trial with restrictedliberty of moving, Application, The problems, Suggestions
PDF Full Text Request
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