The Improvement Of Guaranteed Pending Trial System

The guaranteed pending trial measure’s legislative purpose is to guarantee the criminal proceedings to be carried out smoothly, and to have good effects of protecting the interests of the suspects and the defendants. Along with the establishment and popularity of human rights consciousness, the values of both safeguarding judicial order and protecting human rights are extensively studied and researched by many scholars.The guaranteed pending trial system faces the difficulties in practice including not-specific bail standards, use with large arbitrarily、decision-making by the way of "administrative approval" approach、poor implementation、supervision of three "injunction" implementation difficulties, without investigation、lack of legal relief program and so on. Compared to the guaranteed pending trial system, western country’s bail system have a well effect in the state power restriction, saving the judicial resources, the human rights protection, and the procedural justice realization etc.This article composed three parts. The first chapter is the problems during the process of guaranteed pending trial system. The key point is to describe the situation and the problems encountered during implementation. This chapter also analyzes the reasons of these problems and defaults. The second chapter is the reference of foreign bail system to our country’s guaranteed pending trial system summarizes foreign bail system and compares the two systems. The third chapter is the legal advice of improving our country’s present guaranteed pending trail system.