The Improvement Of The Theory To Obtain A Guarantor Pending Trial System In China

For a long time,there is a focus on combat,light protection tendencies in China's judicial practice,it is extremely common that criminal suspect 'the defendant was seizure to the end of the last before the charge ' with the rule of law continues to accelerate in China,the voice of strengthening human rights protection is also rising.In March 2012,the revised Criminal Procedure Law incorporated "respect and protect human rights" as the task of our criminal procedure law,and respect and protect human rights will be a new height.According to the provisions of the Criminal Procedure Law,the criminal suspects and defendants shall adopt the measures of the guaranteed pending trial.There have produced very good results in the aspect of changing the criminal law enforcement personnel's law enforcement concept,However,The system of bail pending trial has outstanding problems in practice.The main performance is that the overall application rate is not high,Having a typical administrative color,Change and dissolve the lag,The supervision of the bail pending trial is ineffective,etc.The existence of these problems restricts the full play of its role,The bail system in Britain,the United States and other countries has a good reference for the perfect development of the bail pending trial.On the basis of China's judicial practice and reference to the foreign bail system,Put forward perfect opinions and suggestions'The principle of guaranteeing human rights,the principle of presumption of innocence,the principle of procedural participation,the principle of proportion and so on are adhered to in the applicable holistic principles.And in the concrete measures,Including the extension of the scope of the application of the bail pending trial.Establish a scientific evaluation mechanism,In the way of the Western bail system,Establishing and perfecting the hearing system;A comprehensive consideration of the economic situation of the suspects and the accused and the degree of the reprieve of the crime,The amount of the payable amount is not only within the limits of the insured,but also to the actual constraints.On the form of the margin,It does not have to be paid in cash once,As long as it can be proved that the property of the suspect and the defendant can be acted as the movable property and the real estate.Strictly supervising the insured,also supervising the guarantor,and strengthening the responsibility of the executive organThis paper is divided into four chapters;the first chapter is mainly about the guaranteed pending trial,including its basic concepts,functional values,characteristics,etc.Thus,a basic understanding of the guaranteed pending trial system is forming.The second chapter mainly introduces the many difficulties and outstanding problems in the judicial practice,mainly including the low rate of application is difficult to achieve the value of litigation and human rights protection between the balance?supervision is not in place after the application?the protection of minors is not enough and the Geographical differences of applicable object and other issues.The third chapter mainly introduces the application of the system of outside bail system,compared application with guaranteed pending trial,in order to come from the revelation.The fourth Chapter is to Perfect bail pending trial advice,from the idea of changing the judicial staff first,and put forward the opinions and suggestions on improving the system of guaranteed pending trial itself and the working system.