Research On Sureties Of Bail Pending Trial System In China

Sureties of bail pending trial system is defined as one system that the criminalsuspect or the defendant recommend a surety, and the surety issue a warranty thathe’ll keep the criminal suspect or the defendant from escaping or hindering thecriminal litigation, then the Public Security or the Judicial Organs decide not to takethe criminal suspect or the defendant into custody or to terminate the custody. As animportant criminal litigation system, it plays an important role in protecting humanrights. However, there’re many defects both in legislation and judicial practice of thesureties system in China, which can’t make the system work well. The purpose ofresearch on our country’s sureties system is to find out the existing problems, and tolearn from the successful experience of legislation and judicial practice in Britishsureties and American professional sureties which apply to China, then to give someadvices on perfection of the system.This paper is divided into four parts:The first part, the author outlines the sureties system of China, discusses theconnotation of sureties from the angle of definition and qualification, and expoundsthe legal status, legal relations and legal liabilities of sureties. After comparingsureties with guarantor, the author then analyzes the values of sureties.The second part is the outline of the problems of sureties system and its reason.The author discusses the problems from the angle of legislation and judicial practice.There’re many problems in legislation, such as lacking of review process on sureties’qualification, defect on requirements of sureties, lacking of resign process, etc. Thedilemmas of judicial practice mainly are low rates of applying, sureties’ failing tofulfill the obligation of warranty, etc. The author analyzes the reason for its defects,after comparing sureties with securities. The third part is about sureties in Britain and the US. The author gives a detailaccount of sureties in Britain and the US. Through comparative studying, it’s easier tofind out the problems of sureties system in China and to learn from Britain and theUS.The fourth part is about the suggestion on the perfection of sureties system inChina. We shall first perfect from the legislation, such as sureties’ qualification, its’legal liabilities, resigning of sureties, etc. Then, the author maintains we shouldchange our ingrained litigation idea so as to establish a system characterized bymodern civilization. At last, we should perfect the censorship of qualification andresponsibility system, making them more practical.In short, there’re many defects on sureties system in China. We should perfectthe system based on the national condition and learning from other countries, whenchanging our litigation idea.