China Bail Legislation Thought

This dissertation scrutinizes the system of awaiting trial on bail in China from the perspective of philosophy of law, reviews it under the whole detaining system and tries to find out its legislation ideas, This dissertation also makes further discussion basing on the historical review. This dissertation mainly contains three parts.The first part analyzes the Criminal Proceeding Law of 1996 and the existing bail system, and point put that the legislation base if the bail system is human orientation. Based on the analysis, this dissertation holds the view that the value orientation of China bail system is "freedom first, and also concerning with security; justice first and also concerning efficiency", its function is lies in "mainly protects rights and also protecting the litigation order", and it hold an important system in the whole detaining system.The second part analyzes the legislation of the bail system and the historical reasons of its development, and also reviews the emergence and development of China bail system, and points out that the legislation of the bail system in China develops with transferring from detaining to controlling, experiencing changes from people to human orientation. From the development process, we can see that the choice of China legislation has been influenced by the traditional culture of china and international situation.The third part studies the incompleteness of the human orientation in China bail system and its reasons and also puts forwards some ideas as to the improvement of it. This dissertation points out that we need to stress the importance of bail system and make some adjustment of it. We also need to define the word "social peril" so as to set up an application standards to make it workable. Base on this, we can carry out the legislation ideas and enforce the law strictly.