Research On Questions Of The System Of Guarantor Pending Trial

To obtain a guarantor pending trial as a criminal compulsory measures, that is not of custody refers to the public security organs in criminal proceedings to the people’s procuratorate and the people’s court for judicial organs has not been arrested or needs to change coercive measures after arrest the criminal suspect of the defendant, to prevent its escape investigation, prosecution and trial order them to provide a guarantor or pay the deposit, and issue a guarantee, guarantee, preach to, for it will not be detained or temporarily remove the custody of a kind of compulsory measures. It has the function of human rights protection and litigation order maintenance, and to a certain extent, can save the judicial resources and improve the efficiency of lawsuit.With countries around the world attach great importance to the guarantee of human rights, China’s newly revised criminal procedure law shall respect and guarantee human rights explicitly written into the conditions for the first time, rather than the detention of criminal compulsory measures is of great significance for the maintenance and safeguard human rights, therefore, to obtain a guarantor pending trial non custody of criminal compulsory measures such as in-depth research also has the vital significance of bail system in China and the west of the bail system has a very similar characteristics, it originated in the western zhou dynasty, after two thousand years, has a long history, but because of the influence of power standard and guilty, to obtain a guarantor pending trial system relative to the west of the bail system right standard and value concept of presumption of innocence, it still exist many problems in the judicial practice, to the maximum benefits of the function of protecting human rightsThis article is divided into four parts, it probably has more than thirty thousand words.The first part use apply value analysis method, starting from the concept of a guarantor pending trial, and then analyzed the characteristics of the bail system, and proper use of empirical analysis of the historical research method, using the relevant historical data to obtain a guarantor pending trial observation, the historical origin of the essential behind the value idea. The second part of its using empirical analysis method of comparison research method, namely the two related things, to find the similarities and differences, to explore the advantages and disadvantages, in particular, is through the will to obtain a guarantor pending trial system with similar characteristics of western bail system comparison research, in-depth found western advantages and deficiencies in the bail system, further found to obtain a guarantor pending trial system in China on the legislation and judicial practice.The third part is to obtain a guarantor pending trial system in China currently in a detailed analysis of the problems existing in, to obtain a guarantor pending trial system, the problems mainly include dislocation on the legal status of reverse in the application of the way the guiding ideology of problems in the general on the applicable conditions and lead to difficult operation condition of the guarantor and responsibility shall be investigated for problems in the margin of the defects of existing problems in the guarantee period in the lack of relief procedure in execution does not reach the designated position in the lack of supervision mechanism and insufficient public understanding of the system of justice practice in.The fourth part mainly through their own experience, combined with their own thinking, on the basis of understanding our country actual situation appropriate reference to the western advantages of bail system, put forward to improve and reform to obtain a guarantor pending trial system.With the improving of the human rights protection consciousness, to obtain a guarantor pending trial system, as a kind of non custody of criminal compulsory measures will be taken seriously increasingly, the suitable proportion in the judicial practice also will be constantly expanding, believe in the amendment of criminal procedural law of the next, to obtain a guarantor pending trial system of perfect will have become one of the repair method is the focus of this paper to obtain a guarantor pending trial system on the basis of analyzing the problems of specific perfecting measures, for the modification of a guarantor pending trial system in criminal procedural law will have some value.