Human Rights Protection Under The Perspective Of Research To Obtain A Guarantor Pending Trial System

Abstract:To obtain a guarantor pending trial system is one criminal lawsuit of thefive compulsory measures in our country, playing a crucial role in the process ofcriminal proceedings. In criminal lawsuit, establishing a guarantor pending trial is notonly for the purpose of litigation smoothly, but also is to realize citizen’s personalliberties. However, in the current criminal procedure law the regulation of bail system isincomplete, the legal definition of given is unclear and a huge boost to the judiciarydiscretion, cause the system of obtaining a guarantor pending trial to stay in thesituation of high rate of custody and low rate of being bailed out. In this process, ourcountry human rights of criminal suspects and defendants often are harmed. In thenewly revised criminal procedural law in2012, the system of obtaining a guarantorpending trial also hasn’t made a larger reform, the human rights of prosecution peopleare still failed to get very good protection. As international human rights standards andcalls for protection of human rights in the developed countries under the rule of lawincreasing, the function of obtaining a guarantor pending trial system in protectinghuman rights become even more important. In contrast, the bail system inAnglo-American law system countries limits the national public power and at the sametime guarantees the citizens’ personal rights, realizes the procedural justice and savesjudicial resources.In order to better our country’s obtaining a guarantor pending trial system, and inorder to more effectively safeguard the human rights of criminal suspects or defendantsin our country, this article starts mainly from two aspects of legislative idea and thejudicial practice, the macroscopic and microscopic two dimensions, on the basis ofanalyzing the relationship between obtaining a guarantor pending trial and human rightsprotection, to discover some problems in the establishment of obtaining a guarantorpending trial system’s legislation idea and concrete system itself and describe the lawfunction and value of obtaining a guarantor pending trial. In combination with therelevant provisions of the international human rights standards, this thesis draws lessonsfrom western developed countries’ advantages of the bail system and puts forward thecountermeasures to further consummate our country’s obtaining a guarantor pendingtrial, then to solve its current problems.At first, this paper expounds the definition of basic concepts, to obtain a guarantorpending trial system in China, including the concept of a guarantor pending trial,applicable conditions of bail, the attributes of a guarantor pending trial, and thefunction of a guarantor pending trial, and basic theory of relationship between to obtaina guarantor pending trial system and human rights protection and so on, making peoplehave a comprehensive understanding of this system to obtain a guarantor pending trial Secondly, this paper discusses to obtain a guarantor pending trial system in Chinacurrently still existes deficiencies in terms of human rights protection, and accordingly,the author analyzes the reasons of these deficiencies. Again, through a comparativeexamination system, and discusses the international human rights standards to obtain aguarantor pending trial system in the field of criminal justice and the rules andregulations of western developed countries under the rule of the bail system. Finally,this paper pursues the idea of human rights from the aspect of value concept andlegislative theory levelat.at the same time,discusses how to recognize and improve thesystem of bail, to carry out the concept of human rights better.