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The Improvement Of The Theory Of Our Country To Obtain A Guarantor Pending Trial

Posted on:2017-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:D Y LiFull Text:PDF
GTID:2296330485974053Subject:Law - litigation law
Abstract/Summary:PDF Full Text Request
The Principle of "Security Human rights" is a basic principle of constitution in our country, written to the criminal procedure law of the People’s Republic of China in 2012. The establishment of the principle of "respect and safeguard human rights" has made about the protection of equal rights and freedom in the field of criminal justice idea rose to a new level.For our country, the lack of rights and freedoms security group is the criminal suspects,defendants this group. On the choose of criminal compulsory measures, this relatively weak groups appear relatively passive.Stipulated by the criminal procedure law of our country’s criminal compulsory measures mainly divided into two categories, custody and not in custody. To obtain a guarantor pending trial is one of five legal criminal compulsory measures stipulated by the criminal procedure law of our country. Applicable time from criminal investigation start to court verdict. Like the five compulsory measures, its main task is to ensure the smooth operation of the criminal procedure. The Different is, to obtain a guarantor pending trial of applicable object as it is not necessary to take measures of custody of the criminal suspect or the defendant. As the exchange of personal freedom, to obtain a guarantor pending trial for the suspect shall not escape and hinder investigation, prosecution and trial. As a result, the custody of the criminal suspect or defendant is much, natural custody of the criminal suspect or defendant is less.Custody and the custody present a reciprocal relationship. The presence of visible to obtain a guarantor pending trial, Can not only effectively reduce the rate of custody, and benefit from a certain extent, reduce the cost, reduce the waste of judicial resources. But the change is not fully exert the preset function of the bail. Although some place to increase the application to obtain a guarantor pending trial, the effect is still not obvious, according to the survey in mainland China to obtain a guarantor pending trial applicable rate could not exceed 20%. On bail system internationally similar to obtain a guarantor pending trial, however, the development is relatively complete, draw lessons from the bail system to perfect a guarantor pending trial is a subject should be contained in meaning.After the bail system started in Britain,in the USA, Canada and other countries and Hong Kong, Macao and Taiwan regions in our country is quite widely application in the judicial practice. In traditional common law countries, the criminal suspect or defendant was arrested forced to after, in addition to special circumstances, the general can be released on bail, the so-called “bail is the norm, custody is an exception”. Even if the criminal suspect or defendant will not be granted bail and decision authority also want to have legal reasons, to ensure citizens’ personal freedom from illegal infringement from state organs. Investigate the root cause, it is not difficult to find that none of these countries is not very well to carry outthe principle of "presumption of innocence".Ideological differences, or institutional incompleteness, lead to the application of the bail system to obtain a guarantor pending trial effect has so big difference? To obtain a guarantor pending trial exactly why can’t the maximum work? How to break through 20% of the applicable bottleneck? It is worth thinking about.This article to study the bail system in Hong Kong origin, reform and development of our country, and to explore the mainland to obtain a guarantor pending trial in our country the legal position, function and present situation analysis, to find out the bail system to obtain a guarantor pending trial on the difference between the theory and practice, using the experience of Hong Kong, perfect to obtain a guarantor pending trial.
Keywords/Search Tags:The bail system, To obtain a guarantor pending trial, Hong Kong, The mainland, The defendant, The criminal suspect
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