English Bail System And A Comparative Study

According to the research on the British bail system (which is called "guaranteed pending trial system" in China), the thesis tells its social and legal value which it should reflects. Therefore, we can have a clear understanding of the nature of the guaranteed pending trial system. With the reference to the British bail system, the thesis aims at expounding the issue of guaranteed pending trial system exposed in the current legislative and judicial process in China, and trying to find out the reasons why these problems existing inside and outside of the legal system. It is also the author's aim to take reference to the lessons from the British bail system through the approach of linking the foreign experiences with the reality of our country. Finally, what will be emphasized is the concrete and perfect reform measure. Based on all above, the author advocates drawing lessons from the British bail system and sweeping reforms of the guaranteed pending trial system, comprehensively and pertinently.The paper consists of five parts. The first part is to make a brief introduction of the British bail system.. At first, the author looks into the historical evolution of the British bail system. Then from six aspects, the author makes a research on the basic contents of the British bail system. At the same time, this part also gives a final comment on British bail system.The second part compares the British bail system and the guaranteed pending trial system of China from the following six aspects: the inside nature; the people who can apply for it; the authorities which have the power to decide; the applying condition; the measures for guarantee; the last remedy measures.The third part puts the focus on the legislation defects of the guaranteed pending trial system of China. Five main defects are included:First, uncertain suitable conditions. For example, the definition of "danger to the whole society" and "serious illness" are not clear; The suitable conditions are not unique in different laws. Second, the design of the procedure has some problems. For example the scope of the people who can make the application is over-limited; the investigation procedure is unreasonable; the blank of the hand-over procedure. Third, the lack of the investigation mechanism is obvious. The punishment is unclear or not heavy enough for both the guarantor and the suspected person if they break the law. Forth, there is an argument about the time limit. Fifth, the supervision mechanism is almost blank.The forth part is about the problems of the guaranteed pending trial system from the practice aspect. Along with the rapid development, the society places higher and higher demand to the legal system, but the law in nature has been of lagging behind the progress, so lots of defects have been exposed in the current legislative and judicial process in the guaranteed pending trial system, including the following four main problems: First, the application rate is too low. Second, the guaranteed pending trial system is not for guarantee but for the public security bureau to avoid the risks. Third, the investigationis not very strict but full of arbitrariness. Forth, the use and supervision of the bail money is out of control. According to these problems. the author figures out the reasons: First, the law-executor's ideas doesn't keep the pace with the times. Second, the enforcement does not conform to the law and is easily influenced by the outside factors.The fifth part is looking forward to the future guaranteed pending trial system of China and gives some suggestions. From the centralize aspect, we should change the idea towards the guaranteed pending trial system itself; From the microcosmic aspect, we should redesign the mechanism and make it perfect.Considering China' s reality, we must regard the reform as a systemic work and pay attention to the general and detailed aspects of the system. The thesis points out that it is unavoidable to perfect the guaranteed pending trial system without the reference to the British bail system. Finally, the author put forwards some ideas on how to perfect the guaranteed pending system of our country on general and in detail.