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Perfection Of The Bail System

Posted on:2012-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:J X SunFull Text:PDF
Abstract/Summary:PDF Full Text Request
Guaranteed pending trail, a kind of coercive measures, provides expressly in Criminal Procedure Law of the People's Republic of China. It can guarantee lawsuit activity go smoothly, and reduce custody rate so as to economize judicial resources. The fact that regulations on guaranteed pending trail system are deficient and comprehension of the judicial department on guaranteed pending trail system during law enforcement process is inconsistent, however, causes low application rate of guaranteed pending trail and high custody rate. Therefore, writer will try to describe guaranteed pending trail system with detail through its concept and lawsuit value, and describe its historical development and its background in short, including bail. The bails of Anglo-American Legal System and Civil Law System are different, in writer's opinion, guaranteed pending trail system in China is more similar to bail system of Anglo-American Legal System than to bail system of Civil Law System, for both of them focuses on the idea of "custody is principle, bail (guaranteed pending trail) is exception".The following problems exist in guaranteed pending trail system in China:difficult to alter application of guaranteed pending trail, inadequate guarantees, irrational duration, loosely examining and approving guaranteed pending trail, and loose execution. So, the problems shall be analysed through legislation, concept and relevant supporting measures, and to those questions, writer comes up with measurements through the following ways:concept, system and relevant supporting measures. What is more important is that writer proposes suggestions about guarantees, remedies and monitorings, so as to change current situation of the simple guarantee in China, and to form better remedy and monitoring system. In this article, writer will introduce the general situation of guaranteed pending trail system in China, and analyse bail system, through which could reflect the problems in guaranteed pending trail system, and propose suggestions to complete the system, therefore, reach the goal of research on guaranteed pending trail system sketchily.
Keywords/Search Tags:Guaranteed pending trail system, Application, Problems, Complete
PDF Full Text Request
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