The Improvement Of The Theory To Obtain A Guarantor Pending Trial System In China

As a key means of criminal procedure in China, bail undoubtedly plays a very important role, It requires the suspect or the defendant to provide a guarantee, usually in the form of is turned over to the funds or by the relevant guarantor guarantees), thereby preventing the for some reason not censor, hinder the smooth progress of the judicial process, to promote human behavior aware of relevant notice, can strictly in accordance with the requirements of appearing in court in a timely manner.In fact, these years, the bail application scope is the experts in this field are common problems.With the progress of the times, the legislature on bail of the relevant provisions of the also made corresponding adjustments, will be some relatively "fuzzy" regulations further clarity, in order to facilitate the practical reference; Although this behavior has the progressive significance can not be ignored, but its positive impact is limited, bail still exist many defects, which need to be solved further.Bail in a large extent show the law enforcement, it is realize the relevant judicial link methodically for this goal to make a great contribution, ensure that the relevant parties in the court trial to appearing in court in a timely manner. The establishment of this system not only has a deterrent effect on the crime, but also can effectively prevent the damage of civil rights, improve the efficiency of the judicial departments, which have demonstrated the superiority of the system.However, in the implementation process, reflect the situation is not optimistic, in addition to the scope of application is not clear enough outside, bail is one of the most important parts are some judicial organs shall ellipsis phenomenon also common occurance, which greatly reduced the role of the system.Throughout the foreign related system (that is, bail system) and the difference between the domestic system, is not difficult to find, the former show a very different style, In these common law countries, the defendant is usually able to effectively exercise the right to bail.This is essentially a kind of legislative concept of equality of all people, the defendant and the victim is also a country’s citizens, their personal freedom is equal before the crime.In fact, the system in the western advanced countries in the development of the time has been relatively long, in the field of many people of insight in the unremitting efforts, the theoretical framework has been relatively perfect, the practice effect is more optimistic.Foreign developed regions for the link is very concerned, it is in the case before the trial, not in custody of the category, the scope of application is very extensive.In contrast, the guaranteed pending trial system in the legislative concept is different from the former. It is mainly in order to prevent the defendant not effective with the judicial proceedings were set, the objective fact that undoubtedly greatly hindered the implementation of the process, and to achieve the final effect produced negative effects can not be ignored.Overall, the system’s defects are generally involved in the following several points: the legislative idea is biased, content design is not fine, careful, do not have to protect the implementation of the smooth implementation of the supporting mechanism, the implementation of poor results.Although bail in the use process has exposed a lot of defects, but the functions played by the perfection of the criminal process is undeniable.In order to optimize the system, the primary task is clear the scope of application, we should not completely abandon the contents of the existing system, but on the basis of sperm to worse, and with reference to the successful experience of developed countries, learn from each other, have a definite object in view to be improved.As a result, the bail in addition to further play the for crime deterrent, thoroughly implement the people-oriented concept, reflects the respect for the legitimate rights of the defendant, with justice.In this paper in order to improve the guaranteed pending trial system of our country as the starting point to study the defects of the guarantor pending trail system, using comparative analysis tools, affirmed the foreign bail system is advanced at the same time, for is pointed out, which is worth using for reference of the place, not only to improve their legislative idea, but also to further protect the implementation aspects of the effectiveness and operability, for example, firm with people-oriented principle, clear and extends bail application areas and increase the cost of illegal crime, crack down on illegal practices.