The Problems And Solutions Of The China Guarantor Pending Trial System In Judicial Practice

The guarantor pending trial system, as a peculiar criminal compulsory measurein China, is significant in avoiding disadvantage of pre-trail detention, protectinghuman rights and judicial efficiency. In judicial practice, however, there are manyproblems. On the basis of research statistics and real cases, the author attempts toanalyze the present situations of the guarantor pending trial system, and find out thereasons and solutions of those problems.The whole paper is composed of five parts.The introduction addresses the purpose and range of the study, including researchmethods.Chapter one is about the general introduction of the guarantor pending trialsystem. The author makes a brief introduction of the conception, features, values,history and main content of the Chinese guarantor pending trial system.Chapter two, based on the research statistics and real cases, the author reveals thereality of the judicial practice.In chapter three, through the track of idea, instituion and mechanism, the authoranalyzes the reasons of the problems, such as the outdated judicial idea, theambiguous rules and the deficiencies of the mechanism.Chapter four provides the advice to the reformation and improvement. Firstly, inthe aspect of the idea, the author points out the four important principles that theguarantor pending trail system must depend on, which are the presumption ofinnocence, protection of human rights, judicial efficiency and due process. Secondly,in the aspect of the instituion, the author advises to issue the Assessment Manual, toadd guarantee options, to enhance judicial supervision, to modify the article of guarantee time limit and to establish a case instruction system. Last but not least, inthe aspect of mechanism, the author proposes to establish a professional supervisoryinstitution, to check up and abolish unreasonable performance estimate and to useelectronic listening device.