The Investigation Report On Application Of Bail Pending Trial For The Floating Population Involved In The Crime

After the 1980 s,the large-scale population mobility brings abundant labor resource s to the inflow place,but also causes more criminal acts for various reasons.In the process of pursuing criminal responsibility for the floating population involved in the crime,there are big problems that what kind of compulsory measures to apply and ho w to apply specifically to protect the balance of rights and the equality of the legal a pplication between the floating population and the Non-floating population.Therefore,i n order to solve the problems arising during the application of bail pending trial,fulfi ll the human rights safeguard and legal equality,coordinate with cracking down on cri mes and assurance of human rights,and realize the equal residential treatment of applyi ng Bail Pending Trial between the floating population and the Non-floating population,this dissertation takes the empirical perspective as a point and starts from the concep t and the criminal characteristics of floating population,then makes a comprehensive a nalysis of the basic situation of the application of bail pending trial for floating popul ation,and analyzes the reasons for the problems that are reflected in the basic situatio n,so as to propose the regulation suggestions for the application of bail pending trial for the floating population involved in the crime.The dissertation is divided into five parts in addition to introduction and conclusi on.The first part mainly expounds the concept of the floating population,and further points out that the floating population criminal characteristics.The second part is the introduction of the basic situation of the application of bail for the floating population involved in the crime.In this part,the author commences with empirical study from the applicable proportion,the applicable conditions,the guarantee mode,the situation of implement,the obligatory compliance and the litigation state,so as to reflects the practical situation of the application of bail pending trial for the floating population through the statistics and analysis of the sample data collected in the Y district of S city,Z province.The third part is the interpretation of the existing problems in the application of bail for the floating population involved in the crime.In judicial practice,the followin g issues exist when apply bail pending trial for the floating population involved in the crime: the applicable conditions are blurred and handle cases haphazard;the compuls ory measures apply differently that result different judgement in the same case;the w ay of guarantee lakes of standards so that brings on inequality;the implementation pr ocedures are not smooth,and implementation results are less than ideal;there is the ri sk of escape because of the liability of the punishment is weak;the supervision beco me a mere formality,and it's possible existing escape and being out of touch.The fourth part is the cause analysis of the problem arising from the application of bail pending trial for the floating population involved in the crime.Firstly,as for t he legal system,there are loopholes and lakes of further regulation.Secondly,the floa ting population has more complex social attributes.Thirdly,the policemen are under e normous pressure which the grass-roots police substations are inadequate police numeri cal strength and worry about that the floating population withdraw a confession,have the situation of confession in collusion,fell and so on.Fourthly,the laws and regulati ons are deficient in responsibility mechanism,and lack of a set of effective supervisio n mechanism and responsibility mechanism.The fifth part is the regulation of the application of bail pending trial for the floating population involved in the crime.This part begins with the levels of legal principles of apply,legislation,law enforcement,supervision and the floating population,then proposes several suggestions on legal regulations.