Criminal Proceedings Bail System And Our Country Bail System In A Comparative Study

United States'bail the system sourced from Britain, coupled with American intense litigant principle, not only retained England to release on bail the system the related system, compared with Britain's bail system United States'bail system have a big development in the theory and in practice and gradually set up its own system. In the legislation, has the consummation to release on bail the method and to release on bail the procedure; In reality, in penalty crime, has protected accused person's legitimate rights and interests well.This thesis introduced United States'bail system firstly, introduced separately United States'bail system historical development its present situation, then introduced emphatically United States'bail system'structure especially a unique system, and analyzed the reason which it produces as well as to our country obtains a guarantor to post one's bail awaits trial the system model significance. Second part of this thesis introduced China's Guaranteed pending trial system's content and the nature, and try to give the reason which in the judicial practice, and thoroughly discussed our country in the introduction process to obtain a guarantor to post one's bail awaits trial which met the question as well as these questions produces. Third part of this thesis released bail system and our country from the comparison test angle to United States'obtains a guarantor to post one's bail awaits trial the system has carried on the comparison in the legislation idea stratification plane and the concrete system operation stratification plane, attempted through to be in the different ideology and the cultural context next two system comparison found the channel which profited from mutually, obtained a guarantor to post one's bail for our country awaits trial the system reform to find one to release on bail the system truly to the establishment the path. Finally this article example lifted our country Guaranteed pending trial system the problem and the difficulty which faced with in the reform, simultaneously unified our country national condition and United States'bail system the experience from the idea, the system and the actual operation stratification planes has given the countermeasure.