Empirical Study On Implementation Of Guarantor Pending Trial For Public Security Organs

This thesis includes three parts except for introduction and conclusion.The first part is the public security organs to implement bail pending investigation.The practice of criminal suspects minor,the Procuratorate does not approve the arrest,the fact that the lack of evidence is the public security organs decided to apply for bail pending the main case.The public security organs to the majority of the bailee to apply for the guarantor to ensure the implementation of the margin,the less applicable margin guarantee.The police station is the implementation of the bail pending the implementation of the main body,in practice,according to the investigation,the collection of evidence and other actual situation to be detained pending by the police station,the police station,the police station or into the mobile personnel management base.The practice of bail pending the decision of the transfer of the legal instruments only bail pending decision,the material is only bail the trial,the guarantor of the basic situation.Transfer mode will be based on different circumstances using the network,documents,mail and fax four ways.In practice,in order to reduce the risk of being detained by the bailiff,the public security organs have explored the three kinds of execution methods of wearing the electronic bracelet,using the WeChat workstation and entering the management and education base.The bail-off in the insured period can actively comply with the obligations,police stations,guarantors can also play a very good supervisory role.The second part is the public security organs to implement bail pending trial and its causes.In the judicial practice,the main problems in the implementation of the bail pending trial are: the power of the guarantee execution mode determines the lack of effectiveness of the guarantee;the implementation of the main police station due to lack of police and the task is too heavy and lack of implementation capacity;Decision-making organs and the executive authorities between the docking procedures are poor,handover procedures,the way is not clear and the convergence process disorderly;new implementation methods also due to applicable,alienated concerns,as well as the unfair after the application and other issues become Strong resistance;the specific implementation of the main body does not assume responsibility for the guarantor without punishment and the bailiff to be detained for breach of duty lighter.Of course,in the choice of the implementation of the security of the public security organs and the bailee's specific reference standard is different,the specific implementation of the main single and do not want to take bail pending the implementation of the main body has no time to take into account the bailee,the implementation of the implementation of the duties of the security mechanism is not perfect,the guarantor of the punishment is difficult to be implemented,the relegation of the bailee is a lack of due sanctions and so on are the reasons for the effect of bail pending trial.The third part is the countermeasures and suggestions to solve the problem of bail pending public security organs.First,improve the legal system on the issue of bail pending trial.The implementation of the procedures,the implementation of procedures in the implementation of the convergence process,the transfer procedures;the implementation of the implementation of the procedures,the implementation of the procedures,the implementation of the procedures,the implementation of the procedures,Way,the legal level to give the new executive is the "name points",the responsibility,improve the bail pending trial,guarantor and other responsible system of the main responsibility system and the right to relief system.Second,the sound and bail pending the implementation of the supporting system.The public security organs,the implementation of a comprehensive Internet access mechanism,broaden the coverage of the online pursuit of the mechanism and other supporting system;procuratorial organs,through the establishment of police stations in the police station,the establishment of bail pending filing system,the establishment of bail pending supervision platform and other supporting system to strengthen The legal supervision of the implementation of bail pending trial.