On China's Bail System And Its Legislative Perfection

The thesis aims at expounding the issue of posting a bail and awaiting trial with restricted liberty of moving exposed in the current legislative and judicial process in China, and trying to find out the reasons why these problems existing inside and outside of the legal system. In the meanwhile, the author makes an in-depth research on the social and legal values reflected in such issue, therefore, we could have a clear understanding of its nature. It is also the author's aim to take reference to the lessons from the relevant foreign system through the approach of linking the foreign experiences with the reality of our country. Finally, what will be emphasized is the concrete and perfect reform measure. The system of posting a bail and awaiting trial with restricted liberty of moving has a long history since ancient China. Along with the development of society, it has been increasing improved. The development of society place higher and higher demand to the legal system, but the law in nature has been lagging behind the progress of the social progress, so lots of defects have been exposed in the current legislative and judicial process in the system of posting a bail and awaiting trial with restricted liberty of moving of our country, including hard enforcement of the rule, the low adoption rate, faults on the warranty fee, loopholes in the deadline rule, the lack of binding supervision, etc. The rooted reasons are that the idea of justice and human rights has not been a conviction conception to the people, the pre-trail procedure to control the judicatory is still not available, the procedures to apply the judicial power are political.Considering China's reality, we must regard the reform as a systemic work and pay attention to the general and detailed aspects of the system of posting a bail and awaiting trial with restricted liberty of moving. Firstly, we must regard it as a right not the judicial power. At the same time, we must gradually extend the adoption of the system of posting a bail and awaiting trial with restricted liberty of moving, avoid the arbitrary and disorder of the exercise, endow the power to the judge in principle to unify the power into one organization, make better procedure of application and censorship, the procedure of the supervision and redress. In addition, we have to introduce the good faith principle into to the system of posting a bail and awaiting trial with restricted liberty of moving,perfect the good faith evaluation system, expand the lawyer's right, in order to provide a better circumstances to system of posting a bail and awaiting trial with restricted liberty of moving.