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Specification For Countermeasures And Suggestions To Apply For Bail Cases

Posted on:2014-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:C LiFull Text:PDF
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In our country, the bail system is one of the five kinds of compulsory measures in the criminal procedure law, the purpose of its establishment is to respect and protect human rights, safeguard the criminal proceedings. Bail is refers to the public security organ, a people’s Procuratorate or the people’s court for not arrested suspect, the defendant shall be ordered to pay deposits or provide a guarantor, issued by the guarantee, to ensure that no escape or hinder the investigation, prosecution and trial, and becking call a mandatory measures. Bail is one of the five coercive measures stipulated in China’s "criminal law", its purpose lies in the basis of respect and guarantee human rights to ensure the smooth progress of the criminal activity, which is conducive to the implementation of less charge policy, stable families, improving the efficiency of lawsuit. But also to some extent reflects the humanized system, criminal suspects, defendants can continue to engage in the original work, study and life, will be affected to a minimum. Although in January1,2013, the new "criminal procedural law" came into effect, the law regulate the scope of bail enforcement measures, specification for bail enforcement cases, to reflect China’s leniency, the protection of human rights of the criminal policy; but in the actual operation process, legal background based on Chinese society the legislation is not perfect, law enforcement is not fine, influence factors, the bail application of coercive measures in the judicial practice and its design idea is far from. The bail handle cases not standardized, would encroach on the legitimate rights of criminal suspects, the police themselves extremely easy to corruption, even of anomie behavior. The law alone is not enough, the life of the law lies in the implementation, the authority of law from the implementation, in view of this situation must develop a set of effective supervision mechanism, specification shall apply to bail enforcement actions.
Keywords/Search Tags:Standardized, Bail, Counter, Measures
PDF Full Text Request
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