The Defect And Improvement Of The Bail System In China

This thesis starts with the issues which arise from the enforcement of the Guaranteed Pending Trial System. Then, the thesis gives a brief review the evolution and current situation of the Guaranteed Pending Trial System of our country. In order to find how to reform and improve the system, the writer surveys and evaluate several typical bail systems in the other countries. Attempting to find a way of improving the current Guaranteed Pending Trial System, we have to consider the following factors: the judicial tradition of our country,the public psychology about criminal litigation and the current investigative pattern adopted in our country. Considering the tradition and the objective principle that the socialist legal system obeys in its course of development, we should improve the current Guaranteed Pending Trial System step by step , rather than fully transplant the Bail System from the western countries, and we must to ensure that the key reform is law enforcement.The thesis analyses the surface and depth drawbacks of our current Guaranteed Pending Trial System, and further analyses the reasons cause the drawbacks. It refutes some popular opinions to fully transplant Westernization about reforming the system. The author indicates that the guaranteed pending trial is not only power but also right, that is the guaranteed pending trial is a coercive measure,but the person kept in custody has the right that he can apply for the guaranteed pending trial,because its strength is weaker than detain and arrest. Then the author suggests that the study of the guaranteed pending trial should be considered in the whole coercive measure system. The author also proposes a novel approach that only a prosecutor has the power to make the decision of to grant a guaranteed pending trial and an arrest. Finally, the thesis proposes some strategies to improve the current Guaranteed Pending Trial System in different respects, such as the scope and conditions of the guaranteed pending trial, the guarantee types,the relief procedures,the enforcement organizations,duty and responsibility systems.