Problems And Improvement Of Bail Pending Trial System For The Floating Population Involved In The Crime

The subject of the bail system has always been very rich.Although the new criminal procedure law based on the original legal provisions,the contents of the bail pending a certain degree of refinement,more operational,but since the implementation of 2013 has not yet been resolved for many years in theory and practice exposure Out of the various drawbacks,especially in areas where the floating population is concentrated,the arrest rate and the post-capture rate are still high.On the one hand,we want to respond to the call of the criminal policy of temper justice with mercy,expand the application of non-custodial measures to the floating population suspects,and on the other hand,based on the social characteristics of the floating population,Faced with the dilemma of not taking non-custodial measures against the floating population.This thesis is based on the data analysis of floating population intensive areas,on the basis of the relevant theory to draw lessons from,from the characteristics of floating population crime,focusing on analysis of the reasons for the low bail rate of such groups,and to change the concept of justice as a starting point,To improve the corresponding laws and regulations,improve the supporting measures for the path to mobilize the community's most extensive force to solve the current floating population in China's bail pending the embarrassing situation.The first part of the thesis describes the basic situation of the bail pending trial.This paper introduces the general situation,characteristics and the application of the custody and non-custodial measures in the area of the floating population of Yinzhou District,Ningbo City.It is concluded that the floating population is difficult to apply for the bail Enjoy the same treatment of the local population of the conclusion,the performance of the high proportion of pre-trial arrest,high proportion of sentenced after the sentence,to ensure that the main way to margin.The second part of the thesis detailed analysis of the crime caused by the floating population to pay the trial "difficult" reasons.First of all,the old concept of judicial deep-rooted,especially for people involved in the crime of the general "guilty of arrest." Secondly,by examining the system itself,there are main problems such as the scope of application,the way of guarantee,the accountability,the time limit for the insurance,the way of examination,the duties of supervision and so on,which makes it difficult for the floating population to be difficult to apply to the local population.The third part of the thesis put forward a targeted and perfect proposal.In reforming the bail system,certain principles should be followed,namely,human rights protection,presumption of innocence,due process and treatment of the same city.The specific aspects of the system,one is clear the scope of application of bail pending;the second is to ensure the improvement of the way and increase;Three is to strengthen the relevant legal responsibility to pursue;four is to establish a small criminal case fast handling mechanism;five part of the case into the judicial review;six is to improve the regulatory approach,broaden the regulatory approach.