The Research Of The Bail System

The guarantor pending trial system, as one of China’s criminal proceedings compulsory measures, has important significance in the process of our country’s criminal procedure. In the criminal procedure our country established guarantor pending trial system is to ensure that investigation, prosecution, trial activities are conducted smoothly, to try to reduce the limits of the citizens’ personal freedom. But, because the provision of China’s laws on bail pending regime is too harsh and fuzzy, lead to a guarantor pending trial rate is low, extended custody serious. Compared with China’s guarantor pending trial system, the bail system in foreign countries plays an important role in restricting the state power, realizing the procedural justice, guaranteeing human rights and saving the judicial resources.In order to make our country’ guarantor pending trial system more perfect, more easy to operate actually, this article analyses a series of the current legislative and judicial problems existing in our country and the guarantor pending trial system lawsuit value from the legislative and judicial practice. Combined with the overseas advanced theory, this paper puts forward suggestions of perfecting guarantor pending trial system in order to solve the problem of the guarantor pending trial system.