Research On The Application Of Floating Population Bail

Frequent population movements in modem society, especially in the coastal economically developed areas in China, the proportion of the whole urban crime to crime of floating population is high, but because the migrants social special, helpless and institutional defects existing in the judicial practice etc., have led to the migrants in bail with \"native\" enjoy the same treatment. As is known to all, punishing crime and protecting human rights is the criminal litigation purpose inalienable two aspects. How to solve the problem of well flow of personnel to obtain a guarantor pending trial, not only helps to practice the principle of equality before the law and carry out the criminal policy of tempering justice with mercy, and conducive to give full play to the role of bail alternative custody, is more advantageous to realize the dynamic equilibrium of crime control and safeguard human rights.To obtain a guarantor pending trial as China’s \"criminal procedural law\" provisions of one of the five kinds of criminal compulsory measures, it is to point to in the process of criminal proceedings, public security organs, people’s procuratorates and people’s courts shall be ordered to the criminal suspect or defendant provide a guarantor or pay the deposit, ensure that the criminal suspect or defendant do not escape or obstruct investigation, prosecution and trial, and preach to a kind of compulsory measures. To obtain a guarantor pending trial as a kind of compulsory measures, that is not of custody has its superiority. One is conducive to safeguard the legitimate rights and interests of criminal suspects pre-trial, avoid detention; The second is to avoid cross infection in the criminal suspects in the prison; 3 it is conducive to saving judicial resources, more reasonable and effective distribution of working capital. The revised criminal procedure law to obtain a guarantor pending trial has made the further regulation, to obtain a guarantor pending trial status, strengthen the role. In judicial practice, however, to obtain a guarantor pending trial as a compulsory measure that is not of custody, its implementation is not ideal.The author J district in nanjing city public security organs to handle the flow of personnel crimes as the breakthrough point, the problems existing in the analysis of personnel applicable to obtain a guarantor pending trial. This article attempts to nanjing J area research perspective of the public security organs, for example, for people to obtain a guarantor pending trial for basic situation analysis, explore the countermeasures to deal with problems, to further improve the system of bail and solve the problem of the migrants equally applicable to obtain a guarantor pending trial. But in judicial practice, there are still some problems to obtain a guarantor pending trial apply:applicable to obtain a guarantor pending trial of floating population ratio is low; Applicable to obtain a guarantor pending trial applicable conditions (reason) improper; Relative single way; TuoBao phenomenon is serious, regulation is difficult. This article takes nanjing J district public security organs in 2012,2013, applicable to obtain a guarantor pending trial, empirical investigation of personnel flow to obtain a guarantor pending trial for basic situation analysis, thought to obtain a guarantor pending trial for the existing problems of the main reason is:the absence of legal norms, artificial intervention, the restriction of economic conditions, confusion and so on four aspects of risk control factors. On this basis, the author puts forward the migrants applicable to obtain a guarantor pending trial principle, respectively is the legal equality principles, the principle of fully exercise their litigation rights, and embodies the principle of fairness and justice. And further puts forward the countermeasures to solve the problem of the migrants used to obtain a guarantor pending trial:one is to expand to obtain a guarantor pending trial scope, increase the proportion of be bailed out; 2 it is clear to obtain a guarantor pending trial applicable condition, avoid arbitrary enforcement; Three is to obtain a guarantor pending trial guarantee way, way to avoid a single; Four is the introduction of bail risk assessment, strengthen supervision.