Empirical Research On Sureties Of Pending Trial

Sureties of bail pending trial is defined as a system that demand the criminal suspect orthe defendant offer a guarantor, and the guarantor issue a warranty that he’ll keep the criminalsuspect or the defendant from escaping or hindering the criminal litigation. As a mode ofguarantee of bail pending trial, it plays an important role in restricting public power,protecting the human right of criminal suspect or the defendant and realize the ideal oflitigation economy. However, the system exists many problems, which can’t make the systemwork well. The purpose of research on guarantor pending trial is to find out the existingproblems, analyze the reason of the problems, and bringing forward some imagination ofperfecting sureties of pending trial on the basis of learning from the successful experience ofother countries.This text is divided into four main sections:The first part is to find the problems. Through the G City’s research data and interviews,as well as combining with the situation in other parts of our country to avoid theone-sidedness, summed up problems of sureties in judicial practice as follows: first, theapplication of bail pending trial is not high; second, the application of sureties is very low;third, the phenomenon of escape is very frequent; and fourth, the responsibility of guarantor isdifficult to pursue. These problems affect the application of sureties and cause the essentialfunction of it to be unable to display.The second part is to analyze the reasons of above problems. There are a variety ofcomplex reasons contributing to the problems of sureties in the practice, not a single cause.Overall, the reasons as follows: the inner pressure which the concepts of justice existdeviation, the influence of legal defects and people from other zones occupy quite a bigproportion, as well as we are lake of complete monitoring system and self-contained integritymechanisms.The third part is to analyze the necessity of perfecting sureties. Prior to improve a system,we must affirm the necessity of perfecting and the values of the system. The author thinks itsvalues are as follows: first, it is a reflection of respecting for citizens’ personal freedom rights;second, it is an important initiative of restrain the abuse of the public power; and the last it isin favor of achieving the ideal of litigation economy.The fourth part is suggestion on perfection. After studying the experience of legislation and judicial practice of other countries in the way of comparative research methods, we canbring forward suggestion on perfection from four areas to perfect our sureties of bail pendingtrial. The first one is changing concepts; the second one is improving legislation; the third oneis setting up a monitoring system; and the last one is strengthening the sense of integrity.