The Construction Of Bail System In China

Bail system originated in the West, over a long period of development, has evolved into in order to maximize the protection of the suspect, the defendant's liberty for the purpose of protecting the rights of the presumption of innocence and the concept of a theoretical basis for protection of the criminal justice process important human rights system.This article describes the system of bail, to be introduced to our country, to change our current high rate of detention, release on bail does not play its due role, and human rights of criminal suspects and defendant are not be effective protected.This article is divided into four parts:Part I:Introduction to the major countries of the bail system Two Schools。First introduced the concept and history of bail, and then were introduced to Britain and the United States as the representative of the common law countries and in France and Germany as the representative of the civil law countries of the bail system.Comparative analysis of the similarities and differences between two legal systems and the reasons bail system is obtained to build the system of bail should be a more common law countries, reference to the conclusions of the system.Part II:Legal Analysis of the conduct of bail system.The main purpose is to introduce the legal basis and value.Bail system based on the idea of the main idea of freedom, the presumption of innocence and protection of the rights concept.And the Values are to achieve justice, to ensure smooth action and improve litigation efficiency, and achieving the balance of defense and prosecution.Part III:The guaranteed pending trial system of China.First, the system will be released on Guaranteed Pending Trial System and bail system, find out defects in Guaranteed Pending Trial System, and from the concept of three aspects of legislation and practice to analyze the causes.In view of the bail system has been detrimental to the sound development of criminal procedure system, its reform is imperative. Part IV:Specifically addressed the construction of bail system in China.First discusses the necessity to build the system of bail, bail system not only conforms to the requirements of the presumption of innocence, is conducive to protection of human rights, but also reduce litigation costs, to prevent the abuse of power, but also to follow the development trend of international criminal proceedings needs.Then, demonstrates the possibility of bail system from the ideological conditions, domestic and foreign legislative and judicial aspects of practical experience.Finally, the construction of Bail System in specific recommendations, respectively, from the positioning of bail, the scope of the decision subject, methods, procedures, breach of duty punishment, period, regulatory measures put forward legislative proposals and ideas.In the conclusion,that the bail should be a more advanced system to replace our current view of the guaranteed pending trial system, and pointed out that the guaranteed pending trial system in China needs to overcome the problem of building in order to build our country to bail the system to do a little humble.