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Program Vision Of The Bail System

Posted on:2011-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:J ShuFull Text:PDF
GTID:2206360308971872Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The bail system in China there are many disadvantages of judicial practice, resulting in extended detention.In criminally, detention has become the most prominent problem. Paper on the basis of the bail system of our country was discussed that the bail should be recognized as criminal suspects and defendants of a right to the bail system, and learn from the foreign bail system, build a procedural the bail system.Bail system originated Britain. Bail and the bail system have a conditional release of the criminal suspects in custody. The accused that ensure a date in the future goes to court immdiately, and personal freedom isn't infringed, this is characteristics of the bail system .In our judicial practice,the bail system that a crimial mandatory measures are more soothing. Because of the existence of defects of procedural concept, inadequateness of institutional design, and lack of the right supervision and control in practical use.So it was lead to lower rates of detainment. According to related statistics, our usage of the bail in criminal cases, less than 20%.It did not play proper function and value.With progress of our society, rule of law provides a good social environment for the bail system, and the reform of judicial philosophy changes and created a good institutional environment for the bail system, the successful use of foreign bail system provide a wealth of experience for the construction of the bail system. That use of the bail reform the bail system in China has become a fact in the theory and practice, though it is an indisputable fact, there may be many unfavorable factors for reforming a system.But present, the introduction of the bail system has its unique advantages,it is feasible.Reconstructing procedures in China under perspective of the bail system, we must relocate the bail system in our country, including valuable system, the presumption system of innocence and protection of human rights principles,this is basic theory of the bail system , procedural justice is its valuable theory. the bail system is re-establish,including procedures of application, reviewable procedures and procedural safeguards, some specific provisions of the bail system will be reformed.
Keywords/Search Tags:The bail system, Release on bail, Procedural view, Reconstruction
PDF Full Text Request
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