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Talk About The Bail System, From The Bail System

Posted on:2006-11-17Degree:MasterType:Thesis
Country:ChinaCandidate:L WeiFull Text:PDF
GTID:2206360155960951Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the proceeding's speeding up of the ligitation democratization, the subject position of suspicion man and defendant obtains to be established continuously and to be lifted, and also be subjected to more and more concerning to the personal freedom rights of the citizen protection . But the situation of the high ratio of detaining in custody in guaranteed pending trial of the current criminal procedure system runs below. Drawing lessons from bail is the best way for safeguarding court's sentencing successfully and safeguarding the personal freedom rights of the accused. The author thinks it is necessary to reform guaranteed pending trial from bail after comparison and analysis.The article is first of all investigated the origin and development during the different period in England . On the base of it, the author reveals the nature of bail, its operation in England and its joint with the human rights. Be living on theory basis and the value respect, the article gives emphasis on personal freedom rights, the principle of the presumption of innocence, fairy, equality and liberty , pointing out that bail is the best substitution of detaining in custody . Afterwards, the article gives investigation of legal provision, operation about guaranteed pending trial in different period in China . And the author has a comparison and analysis between theory and practice, and point out the faults in guaranteed pending trial and analyzes the causes deeply.At last, basing on the comparing and analyzing different viewpoints on reformation among schoolors, the author gives some ideas from respects of subjective and microcosm. That is , changing of concept and nature, the designing of procedure and rules and the establishing of coordination measures. At the same time, the author analyzes the faults in detaining in custody and proposes several advices.
Keywords/Search Tags:bail, guaranteed pending trial, the freedom rights, the presumption of innocence
PDF Full Text Request
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