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Improvements Of Chinese Bail Pending Trial System Basied On British Bail System

Posted on:2016-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:L X ZhouFull Text:PDF
GTID:2296330464974838Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In our country, the bail system is an important part of our criminal justice system. It is beneficial to criminal procedure and crime suspect or defendant. It is the feature of presumption of innocence theorem concept, and it can safeguard procedural justice. However, because of the lagging concept and defective system, our bail system is faced with a dilemma position, which limits bail system’s effect. In foreign countries, there is a similar system too. The most representative country is UK. This paper makes UK as a reference. It forms a comparative study of our country. It hopes to learn advanced experience and perfect our country system.There are about 30000 words in this paper. Except the introduction, there are five parts. Specific content is as follows:The first part makes a general introduction of our country’s bail system. Using a method of historical, the paper combs the evolution of bail system, whose objective is to find a law on evolution. Then the paper introduces the philosophy and contents of the bail system, from which we can learn more about the system’s function. At last, I will make an objective evaluation on the basis of above content.The second part makes a general introduction of UK’s bail system. Firstly, I want to clarify the system’s evolutionary history, especially the specific environment. Then this paper makes a summary of practical operation and theoretical basis, especially the rationality of bail system. The objective of extraterritorial comparison is to learn experience, so in the last, I make a summary of the bail system.The third part makes a contrast between our country and UK. This part discusses the difference in the movement specially. The difference of concept will not be considered. The main aspects of contrast include essential attribute, applicable objects, applicable conditions, power body, executive mode and relief measures. The contrast makes the difference between them more clearly. It is advantageous for the following paper.The forth part reveals the dilemma that our bail system is faced with, which includes the defects of the system and the problem in the actual implementation and the reason. As for the system, this paper mainly introduces substantive rules and program’s inefficient. As for the dilemma, this paper mainly states the extended custody and the security deposit. The objective of this part is to disclosure the necessity of perfecting.The fifth part is this paper’s destination. By learning experience from UK’s bail system, I try to put forward some path to construct our bail system. And an ideal bail system includes two aspects at least: the idea’s change and the system’s optimization. The spirit of the rule of law is the guidance of the construction. Not only to establish the idea of innocence presumption and moderate principle, but also to reform the current system, including the arrest system, the detention system and the margin system.
Keywords/Search Tags:The bail system, Protection of human rights, the idea of innocence presumption
PDF Full Text Request
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