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On The Perfection Of The Bail System In China

Posted on:2016-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:L D ZhaoFull Text:PDF
Abstract/Summary:PDF Full Text Request
The guaranteedpendingtrial system is a kind of compulsory measures in china,as a pretrial non detention measures,it is in significant protection of human rights of criminal suspect and defendant and promoting litigation smoothly. At the same time,it has a positive meaningin reducing the rate of custody, improving judicial efficiency and saving manpower and material resources. But due to the imperfect legal system building, as well as the difficulties existing in the judicial practice, to obtain a guaranteed pending trial application situation is not ideal.In western developed countries, the UK earlier established the bail system as a fundamental right of citizen. It has formed a relatively perfect system include the legal system, personal human rights, concrete application. On the basis of investigating the bail system of UK, the paper reveals the essence of the bail system. Compared with the bail system,we can find the problemsexisting in the guaranteedpendingtrial, and analyze the deep cause of these problems. It is necessary to reform the guaranteedpendingtrial from bail after analysis and comparison.The whole paper is composed of three parts.Chapter one is about the general introduction of the guaranteedpendingtrial system. The paper makes a brief introduction of the applicable condition, the guarantee way, in violation of the provisions of obligation based on The amendment of criminal procedural law of 2012.Chapter two is first of all investigated the origin and development during the different period in England. On the basis of it, the paper reveals the nature of bail,the specific content. By comparison and analysis, the paper find the existing problems and reasons in our country.At last, the paper give some ideas to reform our guaranteedpendingtrial. That is changing the judicial philosophy, the designing of the procedure and rule,strengthening the system of practical maneuverability. We also need to guarantee procedure justness and rich the system by reforming the executive main body, the procedures and the concrete measures. Increasing the flexibility of the guaranteed ways is necessary for improving the applicability of a guaranteed pending trial. What’s more, during the period of guaranteed pending trial, we must strengthen supervision measures. The enforcement agencies, the guarantor, and the people who released on bail must perform its obligations. In a special type of crime, in order to improve a guaranteed pending trial applicable conditions, we can seek the help of social forces to achieve a guaranteed regulation.
Keywords/Search Tags:guaranteedpendingtrial system, bail system, rights, perfect
PDF Full Text Request
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