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An Empirical Study Of China’s Bail In Western County:1997-2012

Posted on:2014-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:S F TuFull Text:PDF
GTID:2296330467965090Subject:Procedural law
Abstract/Summary:PDF Full Text Request
China’s bail system has played a significant part in both ensuring smooth progress oflitigation activities and guaranteeing crime suspect’s rights of personal freedom since1996inwhich the Criminal Procedure Law was amended. However, the rate of China’s bail isrelatively low,with its current judicial status centering around the idea of “detention iscommon and bail is an exception”. In2012the Criminal Procedure Law was amended againin which a new principle of respecting and protecting human rights has been written into thelaw and bail pending trail as a coercive measure has been greatly amended for example, theboundary of bail pending trail has been extended, the eliminate conditions for arrest has beendefined and refined, and special obligation of the person obtaining bail pending trial has beenadded. These modifications are aimed at raising the rate of bail pending trial and guaranteeinghuman rights of crime suspects.We should put into judicial practice in order to achieve the aim of raising the rate of bailpending trial. The paper is a study on perfection of bail pending trial based on practical casesin a county in West China. The paper consists of five parts: the first part gives an introductionof research background, research subject, research method and significance; the second partanalyses the current situation in the county’s bail pending trial according to statistics and casesof the past16years—from1997to2012; the third section analyses the existing ploblems inthe county’s bail pending trial; the fourth section explains why China’s rate of bail pendingtrial is lower from the perspective of historical reason, theoretical foundation, views andvalues, execution environment and cost of escape; the last part puts forward four suggestionson the basics of the amended Criminal Procedure Law in2012making new regulation forimproving the bail pending trial system—updating the views and values of judicial officials inorder for rational law enforcement, introducing many aspects in order of solving executionproblems, exploring the victim aiding system in order for increasing the bail rate andobjectively investigating the applicable conditions for stranger’s bail pending trial. With thesemeasures to be taken the China’s bail system is intended to play a more significant role infighting crimes and guaranteeing human rights.
Keywords/Search Tags:Protection of human rights, China’s Bail, British Bail
PDF Full Text Request
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