Bail Reform Study

The article describes the procedure of obtaining a guarantor and pending trail in criminal suit. The appropriate execution of obtaining a guarantor and pending trail is very important to the judicial system in China. It helps the judicial department to handle cases strictly by law, crack down criminal activities, and protect the rights of criminal suspects and defendants. It is also the key to successful execution of different activities defined by the Code of Criminal Procedure. In practice, however, there are some problems that affect the efficiency of guaranteed-pending-trial. I believe that the problems come from the drawbacks of our current guaranteed-pending-trial system. Some adjustments to current system will make the guaranteed-pending-trial more useful.The article analyzes our current guaranteed-pending-trial system and compares it with on-bail system in foreign countries. Advices to adjustment of our current system are made based on the analysis.The article consists five parts:Part I Current legislation of on-bail-trial in China and analysis. This part starts from the definition of guaranteed-pending-trial, the requirements of on-bail-trial, then the types and appropriate procedure, followed by the analysis of legal relation. It points out the unreasonable distribution of rights and obligations among criminal suspects, defendants and judicial departments.Part II Comparison of related system in foreign countries (on-bail system) with China's guaranteed-pending-trial system. This part compares the similar and different part of each system, mainly based on the analysis of the theories. The on-bail system is in fact a system to protect legal rights, the guaranteed-pending-trial system is mainly a system to affirm authority.Part III Drawbacks of our current guaranteed-pending-trial system and analysis of the problems. First, the guaranteed-pending-trial is defined as a mandatory practice. Second, the ratio of applicable cases is too low. The guaranteed-pending-trial islegislation in criminal suit but it is difficult to proceed. In addition, the legislation is not very mature, leaving a lot of problems while practising. There are many reasons for these drawbacks. Some are subjective problems, such as the dominant viewpoint of "crack down criminals", or outdated theories hold by some judicial officers. The objective problems are determined by current situation in our legal system.Part IV the improvement of guaranteed-pending-trial system. In order to protect human rights, hold justice in criminal procedure, obey international judicial rule, and improve efficiency of our legal system, we must adjust out current guaranteed-pending-trial system and make it more efficient. The purpose of the adjustment is to increase the democracy in criminal suit, protect human rights without hurting security of current society and the efficiency of criminal control. We must adjust in two areas: first we must change our viewpoint. Second, we have to make some improvements to our system, especially legislation and execution procedure.Part V Conclusion. Guaranteed-pending-trial system will better serve current criminal suit requirements through recommended adjustment. It could be made a general practice to criminal suspects and defendants, unless it is used as a tool to avoid trial.