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On The Perfection Of The Bail System In China

Posted on:2008-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:J CaoFull Text:PDF
GTID:2206360215454329Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The guaranteed pending trial system of our country is one of compulsory measures. Its basic value lies in the safeguard of smooth criminal prosecution, and it conforms to the basic principles of procedural rights protection, explicated by the Law of Criminal Procedure. However, the guaranteed pending trial system is seldom employed in our judicial practice. It violates legislators' original intention, also doesn't conform to the protection of human rights, urgently needing reforms. Now in our country the legal system is occupying the reforming time, so the special national conditions cause us to think profoundly. For the physical and psychological particularities of the juveniles and for the mutual recognition of protecting the juvenile rights and many years of experiences of consummating the juvenile pending trial system of our country may become the breakpoint of reforming the guaranteed pending trial system of our country.This article consists of four parts. In the first part, after studying the guaranteed pending trial system of our country, we point out the problem of the guaranteed pending trial system of our country which urgently needing reforms. Regarding solving these problems, the educational world always has the total repudiation and the reform. After analyzing the system of juvenile bail system in the west and the guaranteed pending trial system of our country, we regard that reforms of the guaranteed pending trial system of our country is practical. But the beginning of reforms is enhancing utilization ratio of the juvenile pending trial system of our country.The second part begins with the physical and psychological characteristics of the juvenile, and further discusses the advantages of applying the guaranteed pending trial system to the juvenile, and the bail system in other countries shows that the guilty juvenile needs the guaranteed pending trial system. The avoidance of unsettled custody has become a international common view. These three aspects display that the perfection of juvenile guaranteed pending trial system could be the breakpoint of perfection of guaranteed pending trial system of our country.The third part analyzes the juvenile pending trial system of our country. Firstly it analyzes the present legislation which use for the minor obtains a guarantor to post one's bail awaits trial. Next it specifically analyzes the problem which in the judicial practice exists, mainly including: not formed in the idea to the juvenile right protection, not manifested in the entity to juvenile 's difference treatment, in the procedure the realization to minor's special protection, in the execution the attendance not adult's body and mind characteristic.The fourth part puts forward the resolutions of problems in application of guaranteed pending trial system of our country to the guilty juvenile. Firstly it proposes the basic principles for the application of guaranteed pending trial system to the guilty juvenile, secondly it discusses the perfection of procedural party structure, thirdly it discusses the perfection of hazard evaluation system and the expansion of juvenile guaranteed pending trial system, and finally it proposes the construction of legal liability system of juvenile guaranteed pending trial system of our country.
Keywords/Search Tags:guaranteed pending trial system, compulsory measure, juvenile, unsettled to take into custody
PDF Full Text Request
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