An Empirical Analysis Of The Investigation Phase To Obtain A Guarantor Pending Trial Apply To Perform

Investigation occupy important position in the criminal procedure in our country.So in order to ensure the effective investigation, our country legislation and custody are of the utmost importance in the practice of criminal action the use of coercive measures in criminal procedure law provisions of a warrant, detention or a guarantor pending trial or residential surveillance, arrested five compulsory measures, more favourable for custody of investigation guarantee compulsory measures detention or arrest measures is widely applicable, in order to obtain a guarantor pending trial as a representative of other compulsory measures applicable rates are generally lower.But with the rapid development of economy in our country, and actively participate in the globalization process, the activities of the criminal lawsuit of our country is becoming more and more influenced by international, accompanied by October 1998, the Chinese government signed the international covenant on civil and political rights as well as the growing of China's civil rights consciousness, human rights protection in our country's criminal lawsuit activity is needed more and more is also more and more attention to, to obtain a guarantor pending trial measures applicable in our country is becoming more and more widely, expand the use of a guarantor pending trial is an inevitable trend in our country.But because our country attaches great importance to the custody of coercive measures suitable for a long time, and to obtain a guarantor pending trial is not detained compulsory measures in the process of apply and execution still exist many problems in regulations and practice, to obtain a guarantor pending trial deviated from its function and purpose of orbit and become degenerate, digestion of case tools common processing, has affected the bail measures to further expand the applicable practice base, but also caused the majority of the people to obtain a guarantor pending trial measures applicable reasonable concerns.Therefore, this article based on to the district, nanjing city, jiangsu province public security organs in the investigation of applicable and execute a guarantor pending trial measures of empirical research, through the analysis of empirical data to reveal the current public security organs in investigation practice to apply and implement problems to obtain a guarantor pending trial, to explore the cause, to find reasonable and lawful way to solve the problem, put forward countermeasures and Suggestions to perfect the bail system.