Study On The Application Of Guarantor Pending Trial

Guarantor pending trial is one of the criminal compulsory measures which has greatsignificance in maintaining a normal litigation order and protecting the suspect’s anddefendant’s legal rights. As a non-custodial compulsory measure, guarantor pending trialis a good example of the combination of the pursuit of justice and human rightsprotection. Therefore it also attracts more and more attention in judicial practice. TheCriminal Procedure Law made further provisions about its procedure in2012when it’samended. However it does not bring substantial improvements to the applicationcondition of guarantor pending trial. In judicial practice, because of some reasons, thereexist many problems in its application process, which have affected its normal functions.It’s of great need to improve its current application condition. The article introducessome problems in the application process and the reasons, and also puts forward somesuggestions to expand and improve the application of guarantor pending trial.This article is divided into four parts. The first part is about the basic situation ofguarantor pending trial, including its concept, characteristics and functions. The basictheory can help us have a preliminary understanding. The second part is the analysis ofits present application condition in judicial practice, and points out some problemswithin its application by making some analysis. While in the third part, we make furtheranalysis of the reasons of these problems, which include reasons from the legalregulation, the ideology of law enforcement and the society. The fourth part is to putforward some suggestions in expanding and improving the application of guarantorpending trial based on the above discussion, by which may contribute to theimprovement of guarantor pending trial.