The Reform And Improvement Of China's Bail Pending Trial System

As a means of substitutive measure of detention, there is the significance of Guaranteed pending trial:first, allow the suspect or the defendant to continue to take care of the family or engaged in related work; second, save limited judicial resources, reduce unnecessary waste, achieve optimal allocation, and improve the efficiency of litigation; thirdly, conform to the international trend, the gradual popularization of the concept of justice to respect human rights, improve the degree of civilization of criminal activities. But the role of guaranteed pending trial system has not been given to full play in practice. China is still a country with high detention rate in criminal areas, most suspects will be limited the freedom of the mandatory measures. The main reason is the lawsuit idea lag behind and legislative defects, leading to the poor operability in the practice. Therefore, in order to reform and improvement of the guaranteed pending trial system objectively and comprehensively, we should improve the relevant legislation, and change in the judicial philosophy on the basis of the actual situation of our country.This thesis consists of four chapters.The first chapter describes the definition of guaranteed pending trial theory and differentiates the bail system, introduces the application of the guaranteed pending trial system in China, and objectively analyses the main problems existing in practice. The second chapter pointed out the necessity to reform the guaranteed pending trial system, and analyzes the current reform from two points of view. The third chapter introduces the bail system in Anglo American law system, and point out that the bail system are worth our using for reference. The forth chapter proposed to reconstruct guaranteed pending trial theory value system approach. The author insists that establish a scientific and reasonable guaranteed pending trial system must base on perfect theoretical, combined with the practice of Ango American bali system, puts forward concrete suggestions on guaranteed pending trial system.