Research On The Institution Of Administration And Protection For The Floating Population Involved In Lawsuit

It is difficult for the floating population to apply for Guaranteed Pending Trialwhen they suspected of a crime. Because of their features, they have no suitableguarantor and relevant guarantee money, they have to be detained when they canapply for Guaranteed Pending Trial. It is no fair in law. For this situation, some Cityof JiangSu province such as WuXi and so on try to carry out a new institution ofadministration and protection, this legal system to originate stations for administrationand protection to solve the problems. This is a new way to make up for the shortage ofguaranteed pending Trial, it is also a good way to achieve many values of CriminalProcedure Law, such as respect and guarantee human rights, keep the justice of law.More and more floating population apply the guaranteed pending Trial by this way tochange the unfair situation. But it is a new institution, there are some problems inpractice. From the research on the practice, this paper prove the concept, character,value in theory, and combine the theory and practice to specific institution, analyzethe problems and give some advices to perfect the institution.Chapter One: The intension of institution of administration and protection. Thissection mainly describes the concept, future of lawof institution of administration andprotection, and analyze the value such as function, necessity to settle a foundation for the paper.Chapter two: The Analysis of practice of institution of administration andprotection. This section mainly describes the reality of the situation of JiangSuprovince and Related regulations. The focus on the regulations in practice: no unifiedlaw, no completed applying procedure, disorder executed procedure, no completedrisk assessment and so on.Chapter three: improve the institution of administration and protection. From thetheory and practice, analyze the principles of institution of administration andprotection. According to the problems, this paper bring up some measures, such asLocal legislation, investigation procedure, executed procedure, guarantors’ choice andso on, to build up this system.