The Existing Problems And Reform Of The Bail

Bail system as a criminal coercive measures, always runs through the criminal lawsuit of our country. The practical significance of guarantor pending trial is not only to protect the suspect or the defendant in criminal proceedings the right of personal liberty, but also in the justice of criminal trial. However, our guarantor pending trial in the judicial practice since the foundation of the system in 1979 has a low application rate, and the application has a certain randomness, and the deposit fee and management is confusion, and the lack of oversight mechanisms, and the return and after the implementation is not in place and other issues. According to the problems in the implementation process of the bail system of our country to start, analysis of the causes of these problems, finally puts forward suggestions on the reform of the bail system.This article is divided into the introduction, the first part to the fourth part.The introduction part of the background, the research goal and the significance, and the research methods are summarized.The first part discusses the concept and characteristics of the guaranteed pending trial system, which makes a general overview of the system.The second part the author focuses on the main problems existing in the judicial practice of bail, to lay the foundation for further analysis of the guarantor pending trial produced in the process of.The third part analyzed the causes of the bail the problem from three aspects of the bail system legislation, law enforcement, judicial system, the establishment and implementation of the law of the judicial environment and other aspects of the full range of the guaranteed pending trial system of the cause of the problems.The fourth part from the applicable conditions, clear bail charge management procedures to improve margin and the introduction of three aspects of reform of the bail hearing procedure recommendations.