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Bail System Comparison And Reference

Posted on:2008-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:J ZouFull Text:PDF
GTID:2206360215954329Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Bail system is to release those who are arrested or detained and waiting for investigating and trial at court after providing guarantee . Bail system came from England first and has formed a perfect system that aimed at protecting personal freedom after a long developing period . The bail system of the USA and Britain are much more mature than others in that a complete set of rules and procedures should be followed in order bail a criminal out , and that they can protect the legal rights of defendants while the crime is punished in practice .As the main measure replacing detention in China, the function of the system of release upon bail pending trial is not fully exercised .As a result, more detention pending trial is seriously damaging the legal right of the suspect and the defendant. Bail system can be received by international society because of its own actionable value. The idea of protecting personal right that bail contains provides an efficient measure for the bail pending trial with restricted liberty of moving.As a kind of indemnificatory measure, the pre-trial custody must be applied by law in order to avoid the violation of the rights of the detainees. Because we have no healthy custody system now, there are many phenomena such as exceeding legal period to infringe the legal rights of the accused. So far, the bail system of the West is not suitable for being transplanted to China totally. It is more beneficial for our country to learn reasonable elements from western bail system and reform our system. Therefore, the article tries to put forward some suggestion on how to improve the bail pending trial after doing some analysis on the issues and cause a judicial practice, comparing with the advantage of foreign countries' bail system.
Keywords/Search Tags:bail system, actionable value, a bail and pending trial with restricted liberty of moving
PDF Full Text Request
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