Study On The Guarantee Method Of The System Of Bail Pending Trial

The release of bail pending trial is one of the five mandatory measures in China's Criminal Procedure Law.It includes the protection of human rights,the protection of litigation,prevention education and other functions.In China's judicial practice,the application rate for obtaining bail pending trials is relatively low.With the development of the rule of law society,the development of bail pending trial has deviated from the right track,and its functional alienation has become a measure that mainly guarantees the smooth progress of lawsuits.It did not meet the purpose of legislators designing a bail pending trial system.However,if we want to successfully increase the maximum application rate of the bail pending trial system,we should proceed from its guarantee method.The guarantee mode of the bail pending trial system is the key to opening the door to bail pending trial.The newly revised "Criminal Procedure Law" did not make specific improvements to the guarantee methods.There are still many problems in the legislative and practical conditions for guarantees pending trial.Aspects of the problem include Application of margin and Return the application?The scope of the guarantor's subject?the guarantor's performance of the obligation and Lack of supervision over legal liability.How to reasonably design guarantee methods can not only prevent criminal suspects from prejudice to litigation,but also have operability,and will not increase the burden on the parties,improve the effectiveness of guarantees,and enable the bail pending trial system to achieve the purpose designed by legislators and play its due role.This is the most important issue that needs attention in the guarantee mode of the pending trial system.The full text is divided into five parts.The first part is the more general introduction part.The second part elaborates on the outline of the way to ensure the guarantor pending trial,including its meaning,characteristics and functions.The third part examines and contrasts the relevant foreign bail system.It can be found that the bail system of each country is to cope with a common human rights protection issue.The United Kingdom has a low cost of exposing the release and is easy to operate.The United States commercial bail has the judicial authority.The organic combination of business organizations and criminal suspects,so that they seek each other's needs,is an innovative guarantee.Bail with other conditions has the function of effective supervision and prevention.The advantages of these guarantee methods have good reference value for our country.The fourth part expounds the implementation status and existing problems of guarantee methods for China's guarantor pending trial system.There are some old problems,but they have never been resolved.For instance,there are unreasonable margins,and there are still problems that cannot be solved after the revision of the Criminal Procedure Law.For example,the issue of refund of deposits and the emergence of some new problems.The fifth part deals with the problems that arise in the state of legislation and practice.In conjunction with the advantages of foreign bail systems,it proposes suggestions for the perfection of guarantee methods for China's bail pending trial system.