Issues And Improvements In The Supervision Of The Guaranteed Pending Trial In China

The guaranteed pending trial is the criminal compulsory measures specific in our criminal proceedings. New criminal procedural law and the relevant laws and regulations have perfected the guaranteed pending trial on the basis of combining the practical experience and relevant theories, but there are still a lot of deficiencies in the power operation supervision over the public power. The supervision over the guaranteed pending trial is the monitoring on the public power organs and on the power operation. The improvement of the guaranteed pending trial can reduce and control the abuse of rights of the guaranteed pending trial, to ensure that the guaranteed pending trial is implemented correctly; human rights are fully respected and safeguarded; the legitimate rights and interests of the accused are protected; the purpose of special value of the guaranteed pending trial is guaranteed.At present, in our country the guaranteed pending trial system itself lacks the procedural safeguards. Absence of supervision and restriction mechanism leads to arbitrary discretion, with a large number of phenomena of using the guaranteed pending trial to replace interrogation and using the guaranteed pending trial to replace investigation. Decision-making process deviates from the due process principle. In terms of the applicable conditions, the specific and consistent standards are deficient. The reasons for a series of problems existing in Chinese guaranteed pending trial supervision lies in the insufficient legal idea and flaws in the concrete system design and the direct root is originated from the absence of procuratorial supervision.The guaranteed pending trial system in China has in have in common with the bail system in British and America, but there is also a difference. Bail system has certain enlightenment on the Chinese guaranteed pending trial supervision in terms of program construction, such as changing legislative idea, insisting on the presumption of innocence, ensuring proper process and concrete system construction.For the improvement of the Chinese guaranteed pending trial system supervision, the first thing to properly use the procuratorial supervision mechanism; it is necessary to establish the supervision mechanism of examination and approval with the procuratorial organs as the center, to apply the typed processing methods in the application of law, to perfect the specification of the existing program. The second is to enhance the operability of the applicable conditions of the guaranteed pending trial by legislation. In addition, it is essential to perfect the relevant relief measures, establish the applicants’ relief rights, and strengthen the lawyer’s rights. Finally, it is requisite to improve the institutionalization of instructions, standardize the internal instructions in the prosecution and court system.