A Study On The System Of Chinese Guaranteed Pending Trial

The guaranteed pending trial is one of the criminal compulsory measures, and thecontents of the bail are two different legal systems. The guaranteed pending trial systemcontains certain litigation value: It can protect the rights of the offender, but also can save thecost of justice, improving judicial efficiency, but also to ensure the normal activities ofcriminal proceedings, to achieve the purpose of litigation. China’s ancient laws haveprovisions similar to the guaranteed pending trial system, and from the late Qing Dynasty tothe Republic of China government also has legislation on the guaranteed pending trial system,after the founding of New China, China’s guaranteed pending trial system experienced aprocess of gradual improvement. In the UK, the U.S., Japan, France and other countries haveregulations have bail, the guaranteed pending trial system, and the bail system in terms of thenature of the theoretical basis for the condition, the approval body, relief and ways aredifferences. Our guaranteed pending trial system exists in the legislation provisions are toosimple, does not explicitly guarantee the guarantor and the person on bail Remedy lackingpractical problems; while in judicial practice there is the guaranteed pending trial applicablerate is low, the program does not apply specification to the guaranteed pending trial instead ofthe investigation and trial,"Leave Guaranteed" phenomenon increasing reality. To solve theseproblems, we should first establish the correct concept, taking into account the legal andhuman, to coordinate relations between the legislative and judicial, on this basis, by changingthe mode of the scope of the guaranteed pending trial provisions, the provisions of the marginimprovement, establishing the prosecution of persons such legislation means relief ways, andby avoiding the two extremes of excessive caution and excessive random, reasonablediscretion and bail surety when people criminally involved in the crime, strengthensupervision of such judicial means to continuously improve our guaranteed pending trialsystem.