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Review Of The Bail System In China With Perfect Vision,

Posted on:2006-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:B XuFull Text:PDF
GTID:2206360155969703Subject:Law
Abstract/Summary:PDF Full Text Request
Undertaking recognizance upon bail is one of the 5 compulsory measures regulated in the criminal procedure law of our country. With continuous improvement of people' s knowledge of criminal procedure value, problems in applying the system of undertaking recognizance upon bail have been concerned a-bout by law. This author aimed at seeking for improvement solutions through a-nalysis and review of status quo of the system of undertaking recognizance upon bail of our country. This paper started from introduction to the content and jurisprudence foundation for development of undertaking recognizance upon bail system, compared with foreign bail system, analyzed and reviewed existing problems, and put forward perfect measures. This paper is divided into 4 parts with about 31,000 characters.The first part summarized undertaking recognizance upon bail system. Through a brief introduction to the historical development of the system and current framework and content, this author considered concept of human right guarantee and principle guiltless presumption as 2 fundamental bases for the system. Establishment and application, of undertaking recognizance upon bail consider the factor of human right guarantee, and at the same time, the factor of lawsuit effect.The second part compared undertaking recognizance upon bail system of our country with foreign bail system. With guaranteeing personal freedom of the accused as value orientation, guiltless presumption as theoretical basis, guaranteeing judicial procedure and maintaining social justice as precondition, undertaking recognizance upon bail system materializes lawsuit mode of equal accusatory and defensive positions of the adversary system. Undertaking recognizance upon bail takes guaranteeing smooth criminal procedure as value orientation with striking crimes and guilty presumption as theoretical basis, guaranteeing judicial procedure as precondition, materializes lawsuit mode of doctrine of function andpower with accusation and trial as guidance. Therefore, undertaking recognizance upon bail is considered as a measure parallel to detaining measures such as detention and arrest, but a relatively assuasive measure to restrain personal freedom.The third part reviewed undertaking recognizance upon bail system of our country. Defects of undertaking recognizance upon bail system of our country find expression in : regret of criminal legislation, vacancy of regulation for legislation and default of enforcement. Combining with actual enforcement and analyzing specific problems, this author considered: defect of undertaking recognizance upon bail system extended lawsuit cost of the country, influenced treatment guarantee of the retained in custody on the one hand, resulted in illegal acts such as exacting a confession by torture and extended custody.The fourth part discussed about conception of improvement of undertaking recognizance upon bail system of our country. This author agreed; comprehensive transplanting of single - way system would not help to optimize local system. We should gradually improve undertaking recognizance upon bail system according to social and legal system development, make it full and practical and properly play roles. This author suggested: we should reform availability of undertaking recognizance upon bail; enhance guaranteeing effect of undertaking recognizance upon bail system; extend range of undertaking recognizance upon bail system, transform criminal compulsory measure system; strengthen legal supervision over undertaking recognizance upon bail; improve supervision and management system of those who undertake recognizance upon bail; improve release procedure of undertaking recognizance upon bail; establish and improve relief procedure of undertaking recognizance upon bail.
Keywords/Search Tags:undertaking recognizance upon bail, comparison, review, improvement
PDF Full Text Request
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