Research Report On The Application Of Bail On Floating Population In W City

Mass inner-migration is one of the results of China’s reform and opening-up, and thisphenomenon is also related to the current rigid household system. The so-called floatingpopulation has higher crime rate because of many reasons, how to enforce law equally inthem and protect their legal right is a tough issue in the enforcement of criminal procedurelaw. Take bail for instance, the applicable rate is very low in floating population, because thesuspect or defendant can not provide enough bail money or qualified guarantor. However,That the principle of bail prevails while detention is an exception has not fully beenestablished, so it is hard to apply bail in floating population.This dissertation researched the legal issues of bail application in floating populationwith the methods of empirical study and put forward some suggestions. The whole paperconsists of four parts as below: the first part is a brief introduction. As it is the beginning ofpaper, this part introduces the background, the main content and the meaning of this research.The second part is empirical study of W City. This part takes some real data and analyzesthese data from different perspectives and maintains that as an eastern city with mass floatingpopulation, the low applicable rate of bail in criminal procedure hinders the floatationpopulation enjoying equal rights, though W City takes some innovative measures but thesemeasures alone cannot address the fundamental problems appropriately. The third part is theproblems manifested in the application of bail on the floating population in W City. This partanalyzes the reasons in the application of bail in W city and maintains that the problems onconceptual level and in specification level lead to the difficulties of application of bail. ThatJudicial organs favors the detention of suspects over the bail has something to do with theinconsistency of the current bailing system upon floating population. The Fourth part putforward the improvement and related measures to solve the problems analyzed above. Thispart holds that on conceptual level, we should hold the ideas of equally applying the law,human rights protection and bail prevails while detention is an exception; As for the area ofjudicial practice level, the current ambiguous rules which grants police too much judicialdiscretion power should be regulated by specifically interpreted by the legislations, thus couldkeep the judicial organs from setting over-restrictive requirements. Meanwhile some othermeasures like the amendment to pertinent section of criminal procedure code should also be taken to improve the current system of bail, making sure that bail prevails while detention isan exception. For instance, stipulate the ranges of scope on the persons who could be bailedfrom the negative applicable situations. Hereinafter, by doing so can resolve the rudimentaryissues of bailing on floating population.