Problems And Solutions Of Guaranteed Pending Trial System

The guaranteed pending trial system is basic mandatory measures inChina’s criminal procedural system. The purpose of this legislation is toensure a smooth criminal procedural process and to protect the humanrights of the suspect. But as a result of the questions of legislation andjudicial practice, the system is facing some embarrassing difficulties andthe effect in application is not satisfactory, which run against the originallegislative design. My thesis take the guaranteed pending trial system tobe the research object，the aim is passing the analysis and researches onthe basis of a full investigation and borrowing of the western system ofbail, for the reform of this system of our country and present some way ofthinking and suggestion.There are four chapters in this thesis，as follows：The first chapter issummary of guarantor pending trail system. It elaborates the concept,history development, nature and values in our country. The second chapter is problem and reason analysis of guarantor pending trail system.It puts up the problems and the difficulties in executing and thelegislation of the guaranteed pending trial system and analyses thereasons. The third chapter is insights of western bail system. It makes acomprehensive view to the western bail system’s historical evolution,substance. Then, analyses the different and similar of the two systems,find the advantage, conclude the experience in the process ofdevelopment, for drawing1essons from them to the reform of ourguaranteed pending trial. The last chapter is perfection of guarantorpending trail system makes an expatiation on the conception of how toconsummate our country’s guaranteed pending trial system, in point oflegal concepts and legislation stratification separately.