Discussion On Guarantor Pending Procedure Legitimacy In China

In China, the basic values of guarantor pending trail system lie in the following aspects:safeguarding the human rights of suspects and defendants, ensuring smooth criminal proceedings, less application of custody as well as saving judicial resources. As a non-custody criminal compulsory measure, guarantor pending trail system plays an important part in China’s criminal procedures, especially showing the unity-opposition relations of criminal compulsory measures taken to fight crimes and penalty and safeguard human rights.On March14th,2012, the fifth session of the11th National People’s Congress adopted Amendments to the Criminal Procedure Law, which give detailed provisions on many aspects, including the evidence system and compulsory measures, and which at the same time make modification and improvements on guarantor pending trail system. However, from the perspective of judicial practice, in it there are still many problems, some belonging to deep ones and some on judicial practice. All these problems make it impossible to function, restrict normal criminal proceedings as well as weaken the authority and seriousness of law.In this dissertation, the author will take the process of obtaining a guarantor pending trail in Xu Ting’s theft case as a breakthrough point, and then based on this, continue to explore and the existing problems of guarantor pending trail in concrete judicial practice (only talk about the problems reflected by Xu’s case, not all the ones in this system) and analyze the corresponding reasons. Meanwhile, based on the problems reflected by Xu’s case, the thesis will put forward some suggestions on improving our current system of guarantor pending trail by comparing the differences between China’s and other countries’bail systems and combining with advanced systems and relevant information from overseas.