The Report On Application Of Guarantor Pending Trial

January1,2013the formal implementation of the Code of Criminal Procedure on bail mademore substantial improvements. Compared with the1997Criminal Procedure Code, theamendments to the applicable conditions of bail, implementation, who was released on bail termsof obligations carried out more detailed provisions, making bail in judicial practice more feasible.It is undeniable that the revised Criminal Procedure Law has made great progress comparedto the previous. However，through the implementation we can easily see, there are still manyproblems in the judicial practice, because of the completeness. Here are the outstandingperformances: the expansion of the public security and the judicial discretion due to the lacking ofsupervision and restraint mechanisms; rights of the criminal suspects and defendants withoutprocedural remedies; the continue decline regime applicable rate due to the vague application ofthe bail conditions; the confusion of the procedural implementation of the deposit guaranteeand the guarantor and the lacking of accountability mechanisms of the related personnel. Theexistence of these problems can only makes the most of the provisions of bail is difficult toimplement. The function of the protection of human rights, the order of the public and the justiceis hard to achieve by the rule.To improve the legislation and practice of the above deficiencies, it is necessary for us to findthe root of the problems. Therefore, the article tries to find the real reason why the real fallsbehind the theoretical expectations, via comparing the development status of the rule which hasbeen revised in2012with the current practice of the application. The first part, the human rightsvalues of the bail system is discussed, and then the current legislation of the bail system is listed.At last the views of the writer on the legislative status are put forward. The second part, thepractice statue of the bail system is analyzed, including the applicable rate on bail, the times of thebail application in various cases, the application rates of the guarantor and the guarantee depositguarantee and the statistical data of the other aspects, expecting these data can make somereference for the raising of the bail’s application, perfection of the implementation mechanismsand the building of the accountability mechanisms. The third part, the perfective advices arebrought forward based on the analyzed conclusions of the first and second part. We claim thatfirstly the supervision and relief mechanism in the bail decision process should be built, thuscontaining the excessive expansion of the discretion authority of the bail pending trial and makingthe bail system more standard and widely used under multi-party supervision; secondly bailapplication conditions and the rigorous qualification standards be clearly determined. The currentlaw is difficult to make the definition standards, such as the connotation and denotation strictboundaries of "social danger","serious illness".Thirdly, the implementation of the depositguarantee and the guarantor should be refined. The determination of the amount and type of thedeposit guarantee, the margin safekeeping procedures and refund procedures, the determination of the guarantor qualifications, and the responsibility of the guarantor obligation violation should beruled in detail. Finally, accountability mechanisms should be built against the deserters, theguarantor who breaches of duty and executive officers, which is necessary to reduce the rate ofescape bail. Thus it should be given highly priority by the legislative and judicial practice.