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Investigation On Basic Condition To The Guarantor Pending Trial Of A Region Yi City Jia Province

Posted on:2012-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:W J JiaFull Text:PDF
GTID:2216330371954106Subject:Law
Abstract/Summary:PDF Full Text Request
Guarantor pending trial is one of the statutory enforcement measures in jurisdiction, which aims at smooth of the guaranteeing proceeding for the criminal justice and personal freedom of citizen. If we apply this system to criminal justice reasonably, there would be a result just like this: at one hand, the amount of the people for detaining is reduce, which can save our country's judicial resource. At the other hand,criminal suspect and defendant will observe obligation of the guarantor pending trial, and the proceeding of the criminal justice will go on smoothing. Compared to the country which has advanced criminal system, the guarantor pending trial is in a stage for modifying. the leaks in law of criminal procedure and limited capability of the law enforcement official result in lot's of problems of guarantor pending trial in criminal theory and juridical practice. For example, application of the guarantor pending trial will expand at sometime. And deadline will be indefinite. Punish strength will be insufficient. And advanced supervised system has not be established.This article has five parts to discuss the system of the guarantor pending trial.The first part is introduction, which relates objective, significance and measure of the research.The second part depicts the basic condition of the guarantor pending trial of jia province A region. This sect contains that objective and application of the guarantor pending trial, proportion for outlander in criminal cases, and comparison power of the guarantor pending trial between public security officers and office of the public prosecutor.The third part discusses the system of the guarantor pending trial in procurator's opinion. In this part, the author interviews many procurators and inquiries their opinion to the guarantor pending trial, and concludes many problems which exist in our juridical practice. The fourth part contains methods to resolve the problems of the guarantor pending trial in our juridical practice. Firstly, we can definitude the application of the guarantor pending trial, increase punishing strength to the man who violates the statutory obligation of the guarantor pending trial and innovate the way of guarantee. Secondly, the power to decide the guarantor pending trial should be separated from the power to enforce. Thirdly, the efficacy of enforcement and supervision to the guarantor pending trial must be reinforced. The last but not lest, we should use abundant technological methods in advanced society and improve interrelated system to ensure the enforcement of the guarantor pending trial.The fifth part summarizes the investigation and article synthetically at last.
Keywords/Search Tags:Guarantor Pending Trial, Bail, Litigation Safeguard, Human Rights Protection, Legal Supervision
PDF Full Text Request
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