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China Released On Bail The System Of Legislation Is Perfect

Posted on:2006-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:S J YanFull Text:PDF
GTID:2206360155469740Subject:Law
Abstract/Summary:PDF Full Text Request
The term bail means a duty to appear at a magistrate's court or a police station at an appointed time and place. It is one of the important part making up criminals procedure law, and it plays an important role in human right protection in criminal suits procedure. The bail is therefore an essential part of justice system While in Chinese mainland, a lot of problems still exist in legislating and enforcing Release upon bail pending trail system. So Release upon bail pending trail system makes great scene in reality. The bail system attracts extensive attention from cried of the current law and practice in Chinese mainland .In this article, the author start from analyzing the principles of Release upon bail pending trail system, some defects in legislating it and how to perfect it.The first part is about the origin of the Release upon bail pending trail system. It dates from the 12th century's England according to some views. The writer thinks the Release upon bail pending trail system appears much earlier. And the development and reconstruction of the Release upon bail pending trail system should owe to the England' s Law. With the expending of the Britain, the Release upon bail pending trail system has been accepted in many countries in the world. Meanwhile this system is developing in themainland law series country. Now, The Release upon bail pending trail system has become a basic principle in the international public law, European Convention of Human Rights . Since the 1980s, in Britain and other countries, there is a tendency to limit the apply of this system.The second part is basic theory of Release upon bail pending trail system . The basic theory of Release upon bail pending trail system is: The people are born free; freedom is the basic right of the human and people can only enjoy the other rights on condition that you are free. This is the principle of freedom; suspect, inductee can be considered guilty only when the court says they are guilty, otherwise they are innocent. Detaining remanding in custody in a prison those that are legally innocent requires justification as it contravenes fund mental human rights. On suspicion of having committed a criminal offence is entitled to trail within a reasonable time and to release pending trail This is doctrine of the presumption of innocence. The Release upon bail pending trail system plays a very important role in protecting the litigation rights and defending the formality equity principle of the party.The third part is about the defects in Release upon bail pending trail system. The legislation are stressing too much on litigation, andprescribes Release upon bail pending trail is a law. The decision procedure is easy to produce closed decision, corruption, and there is no rights of relieve when the rights of the party is infringed. The confusion and in correspondence of the legislation as well as the collision with the upper law. At present the enforcement measures represent too many ways and unclear conditions and lead to breaking into the area required by the law. The defects in security and surely。 The defects in Release upon bail pending trail system exist, as there is no requirement for the law responsibility of the bailment judge. About the time limit, the Supreme Court and other organs give a longer time, which is opposite to the 12 months prescribed in the Criminal Law. When conducting it, it is done by the police station, but in other countries it is done in some bailment hotel. For a variety of reasons of the police station, a lot of questions appeared. The defect in legislation makes the problems more serious in judicial endorsement.The fourth part is aiming at the effect of Release upon bail pending trail system, the author think we should take following steps to make up the defects in Release upon bail pending trail system; When perfecting the Release upon bail pending trail system in Chinese mainland, we should pay attention to police, judge andprosecuting attorney' diathesis. And compare Release upon bail pending trail with bailment. To recombine the present coercive measures system; to properly enlarge the scope of application of Release upon bail pending trail system; the party should have the right to judge again; when enforcing Release upon bail pending trail, should stipulate a special organ to in charge of enforce. At the same time, we also stipulate some special content for enforcing, For example, the party should come to enforcing organ on time and about bail caution money, should hand in it to same level government finance organ. At the same time, stipulate if law officer disobey rules to accept caution money, should bear criminal responsibility. Shorten the time limit, and commonly stipulate the time limit is three months if necessary, can be stipulated many times. To recombine the present coercive measures system, stipulate the bailment is one of the citizen rights, to properly enlarge the scope of application of Release upon bail pending trail system; .to make clear the responsibility in law, which mainly is decision organ responsibility. If making a mistake to be release upon bail pending trail, should produce the responsibility in law for government compensation.
Keywords/Search Tags:Bail system, Human right, Perfect
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