Learning From Bail System And Perfecting The Bail Pending Tria

The Chinese guarantor pending trail system has made great progress after three criminal procedure laws,which was perfected in 1979,1996 and 2012.However,a series of problems have appeared in legislation and practice,which leads to the low rate of application for recognizance and the phenomenon of extended custody.The fundamental reason is the defects of China's criminal litigation structure:the lawsuit mode of "running water operation" in three public security organs,regulates the activities of the state in pursuit of crimes in accordance with the administrative management but there is no track to bring this into litigation.Based on the investigation of the bail system in Anglo-American law and civil law countries and regions,it can be found that the bail system which is used by many western countries has its advantages and maturity.However,any system has its environment of emergence,existence and development,and is closely related to the country's historical and cultural,political and economic development,and legal culture.We shouldn't plagiarize but can learn from the bail system of other countries,even perfect it.We can change the "flow" mode to the "judicial center"litigation mode,constructing "pretrial litigation" form.Thus,the judge can make a fair trial.In order to realize the legal effect of confrontation.we can learn from American practice which lists bail as a criminal defendant's constitutional right,establishes the relief mechanism at the constitutional level,arranges a neutral pre-trial judge,improves the specific provisions of the bail system.Therefore,the pretrial procedure has the characteristics of litigation and can provide effective lawyer defense.