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The Construction Of The Release On Recognizance System In China

Posted on:2018-12-08Degree:MasterType:Thesis
Country:ChinaCandidate:B B KuangFull Text:PDF
GTID:2346330518477205Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In 2004, the Constitution Amendment added "the state respects and protects human rights", which makes "the protection of human rights" as a basic principle of our constitution. The revision of the Criminal Procedure Law in 2012 has established the principle of "respecting and safeguarding human rights" as the basic principle of the Criminal Procedure Law, which has brought the idea of protecting equal rights and freedoms in the field of criminal justice to a new height. In our country, the most lack of rights and freedom of protection than the suspects, the defendant of this group, and our law provided the protection of the rights of the group through alternative measures to pre-trial detention. As one of the five kinds of compulsory measures in China’s criminal procedure, it is one of the five most effective measures to reflect the function of human rights protection. It also plays a role in ensuring the smooth progress of criminal procedure, saving the judicial resources and improving the efficiency of litigation. An irreplaceable role. However,the bail pending trial in the practical application does not play a good prescription effect, our high custody rate, overdue detention is still very serious. Compared with the Anglo-American countries, the bail system has developed more fully and is more comprehensive in the protection of the personal rights of the prosecuted person, especially in the case of trial and application, with particular emphasis on personal freedom and the principle of presumption of innocence, Before the release of this, the application of its multiple types of release, whether it is the prosecution of the legitimate rights and interests of the maintenance,or the savings of judicial resources and the efficient operation of the judiciary, have a very profound significance. Moreover, in today’s international background, with the increasingly close exchanges between countries, the legal system of mutual learning and learn from the deepening of the growing influence, as well as China’s judicial reform process continues to advance, all of which are to promote The law of our country needs to be developed forward. In order to improve the application rate of bail pending trial in our country,this paper starts from perfecting the guarantee of a guarantor,try to analyze the necessity and feasibility of the system of bail established in China by referring to the bail system of Britain and the United States, and hope that through the introduction of the guarantee method, we can improve the current situation of the bail pending trial.The paper consists of four parts without the preface and conclusion, which can induced as follows:The first part first introduces the concept and characteristics of the release, and analyzes the value of the system from the whole bail system. Then it introduces the development process of the system of bail pending trial and compares the bail system of Britain and the United States with the system of bail pending trial in our country, so that people have a comprehensive understanding of the bail pending trial and release.The second part examines the bail system in the United Kingdom and the United States, introduces the course of its emergence, development and perfection of the course introduction, and then from the scope of application of bail and the way of application,bail management and supervision, bail relief to sort out the following lessons for learning and learning to facilitate.The third part focuses on the analysis of the necessity and feasibility of establishing the release in China. From the current issue of bail pending trial in China, it is pointed out that it is necessary to introduce the call of the release, and then from the call for the growing awareness of civil rights protection, the introduction of the release will not lead to the release of crime, saving judicial resources and improve the efficiency of litigation,To make a feasibility study.The fourth part is the foothold of this article, which aims to put forward some ideas on the construction of the knot in our country. Based on the fundamental principles of the presumption of innocence and human rights protection, China’s introduction of the release of knot in the hope that by raising the applicable rate of bail pending to protect the basic human rights of the prosecuted person, so according to the reality of china, we should adhere to these two basic principles when we specific provisions of the release of our country.
Keywords/Search Tags:personal recognizance, bail, bail pending trial, human rights protection
PDF Full Text Request
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