Researching On The Application Of Guarantor Pending Trial

Guarantor Pending Trial is one of five kinds precautionary measures of our country Law of Criminal Procedure.Refers to the investigation,prosecution and judiciary in the course of criminal proceedings for criminal prosecution and not criminal suspects in custody,the defendant in order to prevent their escape investigation,prosecution and trial,and ordered to provide surety or cash deposit and issue a guarantee to ensure that it as a compulsory measure goes to the.As a non-custodial coercive measures,it is an important way to the suspect,accused non-custodial treatment of Criminal Procedure in implementation.Guarantor Pending Trial system reflects enforcement measures and safeguards to exclude litigation impede sexual function,but also contains the legal concept of security suspects,accused of human rights crimes,well reflects the pursuit of justice and protection of human rights litigation combination.Although the Criminal Procedure Law and relevant judicial interpretations of the Guarantor Pending Trial system made a clear provision for judicial practice provides a clear legal basis,but due to the many flaws of the system exist in the legislation and the concept of judicial practice,resulting in the judicial practice measures applicable rate is not high,the prosecution is not obvious role in safeguarding the legitimate rights and interests,seriously affected the image of justice and the judiciary.In 2012 when the Criminal Procedure Law to modify the relevant procedural requirements for Guarantor Pending Trial also made a further improvement,but this does not bring substantial improvement in the status of application for Guarantor Pending Trial,there is still much to be desired in the application of the Guarantor Pending Trial process place.Based on the judicial practice,highlighting the problems of Guarantor Pending Trial applicable,the reasons for problems and made a profound analysis of the last Guarantor Pending Trial application of future perfection put forward relevant proposals.Text of this paper is divided into four parts: The first part is the basic theory of Guarantor Pending Trial.Including concepts,features and functions of Guarantor Pending Trial,the initial presentation of the Guarantor Pending Trial system.The second part is the judicial practice at this stage of our Guarantor Pending Trial applicable by the problems were summarized,and a simple analysis.The third part is to find the cause of the problem applies Guarantor Pending Trial from four aspects judicial philosophy,legal system,and other social and working mechanism.The fourth part and find out the reason before echoes from law enforcement concept,put forward relevant proposals to improve the legal system,working mechanism,monitoring and communication system five levels.We are hoping to provide some help to solve the problems of applicable Guarantor Pending Trial.