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Empirical And Comparative Research On The Guarantor Pending Trial Institution

Posted on:2012-08-20Degree:MasterType:Thesis
Country:ChinaCandidate:S S WangFull Text:PDF
GTID:2216330362959760Subject:Procedural Law
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In China,guarantor pending trial institution means a criminalcoercive action taken by the public security organs, people'sprocuratorates and courts ordering the suspect or the defendant to putforward guarantors or pay a deposit to ensure that they do not escape andimpede the investigation, prosecution and trial, with arrival when needed.Criminal Procedure Law enacted in 1979 regulate clearly that theguarantor pending trial institution is one of the coercive measures and theAmendent in 1996 increased the applicable provisions, the scope of theapplicant, the way of ensurance, the conditions and obligations of theguarantor,the time of the guarantor pending trial institution. However,there are many problems in judicial practice,such as the low applicationrate resulting in the mandatory measures difficult to truly be effective. Inaddition, the regulations of general faintness on applicatioin time buries ahint foreshadowing in"Extended detention". These are undoubtedly amajor obstacle in China's modernization process of realizing the rule.In China, as a coercive measure , guarantor pending trial institution not onlyfail to effectively play itˊs role of protecting the criminal procedure ,itcan even violate the rights of the suspects and defendants,especially in therelatively intimate stage of the investigation when the contradictionsbetween enforcement authorities and criminal suspects more prominent.With this in mind ,the dissertation comprises four parts around thetheme:the first,overview of the system: detailed description of the contentand the extension of the system including the course of itˊs development.The second part, analysis of the practical status: taking a city——the citypublic security authorities in the investigation stage of the application ofthe system——for example, investigating the practical operation ofguarantor pending trial institution.Moreover, the dissertation revealsproblems in practice and its underlying social causesof the system. Thethird and fourth part: through the introduction of the foreign systems andcomparative study, we find out the experience. The fifth part, on the basisof the first three parts and in the context of the Amendent of CriminalProcedure Law on August 24, 2011, the dissertation puts forward thepossible reform to the guarantor pending trial institution.
Keywords/Search Tags:guarantor pending trial, investigation, Bail system, comparision, reform
PDF Full Text Request
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