Discussion On The Improvement Of Guarantor Pending Trail System

In addition to fighting against and punishing crimes, our Criminal Procedure Law also should have the dual purpose and function of ensuring and respecting the human rights, the Chinese guarantor pending trail system as a criminal enforcement measure, should also have both of roles and functions above.Although our new Criminal Procedure Law Amendment is a lot improvement and perfection of guarantor pending trail system, but there still exists a lot of problems. Foreign bail system as similar to Our country’s Criminal Procedure Law, based on the principle of presumption of innocence and the safeguard human rights theories,mostly to bail is the norm, detention is the exception to the criminal system. While Our guarantor pending trail system are precisely the contrary, its main purpose is to smooth progress of the fight against crime and the protection of the litigation process, whether it applies basically depends on the needs of the case, not in order to protect the legitimate rights of action for the prosecution of persons, so that led to the phenomenon of the low applicate rate in judicial practice and high detention rate in our country.The author to obtain a guarantor pending rail system on the outstanding problems that exist in the judicial practice as a starting point,through the presentation and analysis of the extra-territorial bail system, both for analysis and comparison. Seriously learn from the success of applicable experience in the bail system, combined with China’s specific national conditions and propose appropriate measures to perfect the guarantor pending trail system, hoping to be able to solve the problems arising from the application of guarantor pending trail system in practice, to ensure the smooth course of the proceedings at the same time maximize the protection of citizens’right to personal liberty.