Bail System Study

As a characteristic legal system in the criminal procedure law of our country, obtaining a bail pending trial is seldom employed in our law-practice. At present, in the process of investigating the crime, our country stresses the custody measure application of detention and arrest, and, the phenomenon of taking into custody for a long time and the phenomenon of taking into custody for the ultra time are quite serious, these badly violate international general principles of the precautionary coercive measures. It is disadvantageous to protect human rights of suspects who are in the weak position in the course of criminal prosecution. In the abroad, bail system is closest to obtaining a bail pending trial. In the foundation of unscrambling obtaining a bail pending trial and bail system, The article analyses and compares the two kinds of systems starting with actionable value .Then it points out the question and the flaw of obtaining a guarantor pending trial in our country and puts forward the proposal to improve this system. The article includes four parts and has 3400 characters.The first part: the basic theories of obtaining a bail pending trial.The part includes these introductions: the concept, character, value orientation, sources of law, the origin and development of obtaining a bail pending trial.The second part: the analysis and comparison of some correlative system between china and other countries. The part includes these introductions: the origin and development, application of foreign bail system. On the base, it is compared with obtaining a bail pending trial on some aspects such as legislative thinking, value orientation, sphere of application and procedure of application and so on. The third part: the question and the flaw of obtaining a guarantor pending trial. It carries on comprehensive analysis from the contrast result of the second part and points out some existent problems in the system and In actual judicial practice.The fourth part: the necessary and suggestion of improving obtaining a bail pending trial. In the part, the author offers innovative proposal according to the truth about our country.