Subsistent Problems Of Practice And Improvement Suggestions Of Guaranteed Pending Trial

To obtain a guarantor pending trial system in criminal procedure law, there are manyproblems in judicial practice, mainly including the misuse of a guarantor pending trial or foroptional the gender is big, to take "administrative examination and approval", the decisionprocess in order to protect the case, in order to protect generation exists everywhere budgeting;Apply to obtain a guarantor pending trial proportion low lead to high rate of custody; Performsupervision and inadequate escape to obtain a guarantor pending trial, abandon, collusion,difficult to guarantee by the operator to obtain a guarantor pending trial on time to participate inlitigation; Margin with many serious problems, and so on. Investigate the root cause, mainly isthe criminal lawsuit system in establishing ownership position is unknown; The fuzzy,vulnerabilities, there exists a key provision in the legislation, conflict, ambiguity, etc; And thelack of supporting and auxiliary mechanism; In addition, the social environment of extrusion,level is not high under the rule of law, the rule of law consciousness is not strong, excessivelyheavy power standard.Therefore, to improve a guarantor pending trial system. One is in the legal adjustment,which will be defined as conditional rights; Second is to promote the rule of law culture, theconcept of change. To deepen the franco-prussian education, promote the judicial justice, toimprove create favorable social background and prerequisite to obtain a guarantor pending trial;A third is to perfect legislation. Expand the applicable scope, applicable guarantor as norm,strictly ensure the decision procedure, giving the parties appeal relief rights; At the same time,establish and improve the necessary to obtain a guarantor pending trial evaluation system, themargin management system, supervision system, to ensure that litigation smoothly. Thereby,achieve legitimate, is widely used to obtain a guarantor pending trial, as far as possible reducecustody, safeguard the rights of the suspects, defendants, push towards fairness, a fair, efficientand criminal justice in our country.