Font Size: a A A

On Perfecting The Supervision Of Guarantor Pending Trial System

Posted on:2014-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:L MaFull Text:PDF
Abstract/Summary:PDF Full Text Request
Detention, detention, arrest, surveillance, bail is five kinds of legal coercive measures in Criminal Procedure Law of our country stipulates. The original intention of legislation of bail system lies in the custody of alternative measures in the judicial practice of the widely used, as far as possible to reduce unnecessary litigation burden, saving the already very limited judicial resources, optimize the allocation of judicial resources, improve the efficiency of litigation and litigation efficiency; the popularization of the concept of human rights, comply with the international criminal judicial deference human rights and protection of human rights and the trend of the times, improve the criminal judicial civilization, reduce social tensions; reduce the high detention high rate, at the same time, a corresponding reduction in the chance of torture to extract confessions. In addition, the problems of the facts of the case or the case evidence in the case, given the flexibility of compulsory measures scope and selection, at the same time, so as to facilitate the protection of the criminal process as much as possible to the protection of human rights.But in the reality of judicial practice, the bail system of our country active law did not play its desired effect and social effect in actual judicial practice, the application rate of ordinary criminal cases bail measures is very low, the reason is in many aspects, such as the traditional " heavy blow, light protection" awareness of human rights judicial idea the weak; mode of investigation, detection technology, detection means backward, so the investigation of excessive dependence on custody measures brought to the relevant criminal suspect or defendant’s physical force and mental force causes. In addition, there is another important reason can not be ignored and is released on bail to take measures for the relevant criminal suspects, defendants, because the current guaranteed pending trial system of supervision system in supervision and management measures of the provisions are too principle and abstraction, the suspect, the defendant to bail after being released on bail to take measures against the legal supervision obligation exists, the public security organs, procuratorial organs, the people’s court for bail measures applicable to take a cautious attitude and practice, it also makes the bail measures applied in judicial practice has been greatly restricted, limitations and implications.Highlights the present problems in our supervision of guarantor pending trial system, existing regulators configuration, regulation and control measures are not enough to be released on bail pending trial, ensure people actively and earnestly fulfill their legal obligations, so as to ensure the smooth progress of the criminal procedure. Want to in the judicial practice in a wide range of application of non custodial coercive measures, as far as possible security related crime suspect, accused person’s legitimate rights and interests, give full play to the bail system of judicial utility and social utility, but does not affect the smooth progress of the criminal procedure, it must be on the existing supervision of guarantor pending trial system of our country is necessary improvement and perfection.Through the relevant regulatory agencies with the public security organs, clear regulatory responsibilities; learn from foreign experience, the establishment of China’s grass-roots public security organs specialized regulatory agencies and judicial administrative organs of community correction mode combined with the new supervision mode; the establishment of public security, judicial organ interior information sharing platform, realize information linkage; reference and use of supervision technology; establish, improve our credit system and other measures to strengthen public security, judicial supervision responsibility and authority.Based on the inversion of the burden of proof against guarantee people in asserting the fact of not guarantee obligation; the punishment provided judicial right of detention; to collect margin and other measures to promote the legal guarantee to fulfill its regulatory responsibilities. The guarantor breach of bail regulations with judicial right of detention; modify the subject of the crime of escape elements; the release on bail in violation of regulations for the new statutory aggravating circumstance; to urge the guaranteed period people actively fulfill their bail regulations on arrest of serious violations of regulations under the measures.The targeted improvement, improvement measures adopted, will greatly improve the current supervision of guarantor pending trial system of our country, increasing the rate of application of bail measures in the judicial practice, thus it can effectively guarantee the crime suspect, accused person’s legitimate rights and interests, and ensure the criminal process smoothly the bail system legislative intent.
Keywords/Search Tags:The bail system, Supervision and management system, Improvementmeasures
PDF Full Text Request
Related items