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Localization Transformation Of The Bail System

Posted on:2009-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WangFull Text:PDF
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The mainprise means the suspect or dependant can be liberated when he pay the earnest money or accept the special condition. As a substitute system of the detain , it helps the judicial department to handle cases stictly by law,crack down criminal activities,and protect the rights of criminal suspects and defendants. It is also the key to successful execution of different activities defined by the Code of Criminal Procedure. In other countries,especially in the countries of common law system,the mainprise is rather mature ,the practice experience is rather abundant.Being out on bail system in our country is constituted according to the mainprise in west countries, the aim is to ensure the right of the being prosecutor and to change the phenomena of high detain. But the pracice of the system indicates, the being out on bail system is being desolsted,the legislation exposes a good many shortages , the actuality is far away from the intention of the legislation. However, the mainprise systems of the overseas provide better safeguard for the criminal justice, because it is more scientific and more progressional. So we should analyse and absorb the reasonable kernel of the mainprise,and transplant it to our country to change the bailed out system at present, and make the legislation more scientific and more international to enlarge the application area of our bailed out system and change the status quo of high detain .The text have five parts. The first chapter analyses the mainprise of the two Iexs,tries to nail down the basic direction of the reform. In addition, I analyse the value of the mainprise, which provides the basic value of the reform.The second chapter expresses the status quo of being out on bail system,there are a good many problems in it and tries to nail down the respect of the alteration.The third chapter analyses the need and feasibility of the indigenous alteration,I think the reform can be sucessful based on the conditons nowadays.The four chapter brings forward the material suggestions from macroscopical and microcosmic angles.The epilogue sums up the whole text and restates the value and the important significances of the indigenous reform according to the conditions at present.
Keywords/Search Tags:mainprise, being out on bail, indigenous, alteration
PDF Full Text Request
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