Font Size: a A A

On The Procedures Of The Bail System Build

Posted on:2009-11-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhuFull Text:PDF
Abstract/Summary:PDF Full Text Request
Nowadays, the system of Bail Pending Trial in China is highlighted in the field of criminal justice. Bail Pending Trial as a mandatory measure plays a significant role in safeguarding the human rights. However due to some deficiencies in the system of Bail Pending Trial, the application rate of this measure is low and the situation of illegally prolonged custody is severe. In western countries, bail is regarded as one of the alternative measures for custody, which aims at restraining the state power and realizing the procedural justice. This system in western is better designed so that it can effectively safeguard human rights and save judiciary resources. Comparatively, the most significant shortcoming of the system in our country is lacking of procedure, which is considered to be the best medicine of materialization & restriction of rights. In fact, procedure draws the fine line between whether a country is regulated by law or by individual authority. Guided by procedural justice & trial in civilization, to restructure the procedure of Bail Pending Trail in China ought to be one option for reforming this system.The paper analyze the status quo and deficiencies of Bail Pending Trail system in China through studying the procedure of bail with a full consideration of Chinese features, further prompt to structure the procedure of Bail Pending Trial in China.The paper is divided into three parts, the forward, the body, which is further divided into four chapters, and the conclusion.Chapter 1 Bail Pending Trail In GeneralIn order to assist readers to form a general acknowledgement of the procedure of Bail Pending Trial, the chapter introduces its concepts, development in history & trends in value.Chapter 2 Bail Pending Trail in oversea—study of the procedure of bailThis chapter start from the procedure of bail in the continental legal system and in the Britain & USA legal system respectively, put its main focus on Britain, USA, Germany, France and Japan and make objective comments to lead to the thesis of borrowing the procedure of bailing to optimize the procedure of Bail Pending Trial in China.Chapter 3 Analysis of the status quo and deficiencies of the procedure of Bail Pending Trail in ChinaThis chapter runs a sophisticated study on the contents which are related to the procedure of Bail Pending Trial in Chinese Criminal Procedural Law & its judiciary explanations and the legislative drawbacks. Through the study a breakthrough can be found in terms of the procedure of Bail Pending Trial.Chapter 4 Structure the procedure of Bail Pending Trial in ChinaThis chapter is one of the most important components. It provides a full range of conception on how to build structure on the procedure of Bail Pending Trial in China through the sequences of Procedure of Acquisition, Procedure of Safeguarding the implementation & Procedure of Cancellation. This conception is in line with the feasibility in China in order to provide sound references for improving Criminal Procedural Law in China.
Keywords/Search Tags:Bail Pending Trial, System, Procedure, Structure
PDF Full Text Request
Related items