Guarantor Pending Trial Deposit System Empirical Research

Our earnest money system was 1996 criminal procedure law amended the bail pending a new form. The new "criminal procedural law", in order to bail since the implementation of compulsory measures form a guarantor pending trial in practice has become the main bail pending way. But margin implementation of the system of vouchers shorter than time, Corresponding execution system didn't receive timely determine and perfect in judicial practice, therefore the execution in margin there exist some problems, the impact of the judial organs in fighting crime aspect function display. Meanwhile, this system is specific execu-tive authority by some extent distort become violations of the criminal suspect or defendant legal property rights of excuses. Therefore, through investigating and collecting and margin related data and material, out our earnest money system defects of the reform, and puts forward relevant Suggestions and measures. According to the information and data collected out our margin, the defects of the system of reform are put forward and the insufficiency, the measures and perfect recommendations, the purpose is to enrich the earnest money system, perfecting the guarantor pending trial of a greater role. This article mainly includes three aspects of content, respectively is earnest money system overview, empirical. analysis of the earnest money system and perfect the system of the deposit. The improvement of the system of the deposit, according to the size of the crime risk degree of social harm, proposed the deposit system step-wise views. By establishing a step-wise deposit system, causes the judicial organs on bail pending in decided the amount of deposit can be charged according to different level is measured, don't allow judicial authorities decide amount; charge At the same time, to clear margin decision and management authority, put out by the court as sole decision authority management system, establish the third-party storage, let Banks in management. In addition, the program for collection and refund also made clear rules, so make margin receipt, refund or confiscate the program, which can efficiently avoid barriers of needless collection deposit judicial corruption phenomenon, prevent the happening. For our country "criminal procedural law" the perfect, for the constitution amendment in the concerned citizens "legal private property are inviolable" regulation implementation to have the important meaning.