Bail System Study

It is one of five major compulsory measures that a criminal procedure law of our country stipulates to guaranteed pending trial. It and foreign bail system are criminals suit system of making suspects avoid detaining enclosing the terms in essence, As to protecting the suspect's legitimate rights and interests to the maximum extent, Ensure the harmony of the lawsuit activity to play an important role.Draw lessons from the western bail system, Sound, perfect the guaranteed pending trial system of our country, Become the hot topic which the law circles have studied in the last few years. Some scholars think that should abolish the guaranteed pending trial system of our country , Totally transplant the foreign bail system;Also some scholars think that should draw lessons from the rational kernel of bail the system out abroad, Combine our country's conditions and reality, Substantiate, perfect the guaranteed pending trial system of our country. Benevolence is to seeing intelligently, dispute fiercely.The first part of this article has elaborated our country guaranteed pending trial system historical evolution and the legal origin;The second part carries on the thorough inspection about bail the system to the English America legal system and the mainland legal system country the historical evolution, the idea foundation as well as bail definition, the applicable scope, the type, the way, decides institution, general procedure, legal consequence of violates bail stipulation and so on;The third part conducts the relativity research about our country guaranteed pending trial and bail the system to the west in executive organ, guarantee form, suitable stage, lawsuit effect and so on common ground and in essence, idea, procedure, deadline, applicable scope different spots etc;The fourth part elaborates our country guaranteed pending trial system rationale and the lawsuit value;The fifth part further analyzes some existed questions such as our country guaranteed pending trial system be suitable rate is low, random and bigly, abuses the situation is serious and so forth, thenanalyzed its origin from legislation idea, legal standard, law enforcement operation aspects etc;The sixth part acts according to our country national condition and the judicial practice, from reasonably constructed the construction guaranteed pending trial system idea system, legislation stratification plane, judicial stratification plane as well as correlation necessary systems and so on has pointed proposes consummated the conception.