Investigation On The Application Of Bail Pending System In People's Procuratorate Of Z District,T City(2012-2016)

The bail pending trial refers to a coercive means by the public security organs,the people's Procuratorate and the people's Court on the suspects and defendants who have not been arrested or taken other coercive measures.As a criminal coercive measure,the bail pending trial is a minor restriction on the freedom of the criminal suspect and the criminal defendant.The correct application of the bail pending trial in improving the judicial efficiency of the judicial organs also embodies the criminal procedure rules of "presumption of innocence".It provides guarantee for the normal life order of criminal suspects and criminal defendants who have less crime and less social danger.On the one hand,it can save judicial costs and maintain fairness and justice.On the other hand,it can also improve the organic unity of social harmony.Therefore,the bail pending trial has become a typical system that highlights the frontier of contemporary justice,and has attracted wide attention from all walks of life.It plays a very important role in the real criminal justice activities.From the perspective of procuratorial work,this article tries to design the system based on the practical problems of bail pending trial,and put forward the system recommendations which meet the judicial needs,so as to promote the scientific and democratization of criminal justice and improve the level of human rights protection in criminal proceedings.The bail pending trial system has always been of great significance,such as deepening the reform of trial centered litigation system,safeguarding the legitimate rights and interests of criminal suspects and criminal defendants,and saving judicial resources and eliminating partial corruption.The concrete significance of study this problem lies in: finding system weakness,improving legal loopholes,strengtheningmanagement and supervision,maintaining judicial authority,protecting human rights and realizing system effectiveness.This article studys data of T city Z District People's Procuratorate,from 2012 to 2016,sums up four problems existing in operation of the bail system,the lack of procuratorial supervision of the insured pending personnel;the imperfection of the stipulations of the guarantor's loss of responsibility;the lack of relief of the rights of detainees;the lack of risk management of migrants for bail pending trial.In addition,this paper analyzes the data that has been investigated deeply,and through exploring all kinds of documents,after repeated demonstration,puts forward four proposals for perfecting the above problems.They are: the construction of the procuratorial supervision system of the bail pending trial;the perfection of the relevant legal provisions of the punishment of guarantor's failure;the establishment of the judicial relief procedure for the decision to refuse the bail pending trial;establishment of a solution mechanism for the risk management of migrants' bail pending trial.Through the above research results and system design,I hope to help the perfection and application of the system of bail pending trial.This article takes the data of Z District Procuratorate as the sample,trys to "see,listen,and feel the court”.Through investigation and study of judicial practice,analyze and search for practical problems and solve them.On the basis of the summary of the findings of the investigation,we have learned that we should start with constructing and perfecting the procuratorial supervision system of the bail pending trial,the relevant legal provisions of punishment of guarantor's failure,judicial remedies for the refusal to apply the decision of the bail pending trial,the solution mechanism of risk management for migrants' bail pending trial.It can block the omission of the system of the bail pending trial and solve the problems encountered in the actual implementation,so as to fully realize the efficiency of the system.The perfection of the system of bail pending trial is one of the hot issues in the field of Criminal Procedure Law,it is wished to be continuously developed and perfected by the joint efforts of all parties.I sincerely hope that this article can contribute to the process of perfect system,to realize the value of guaranteeing human rights with a perfect system of bail pending trial.At the same time,it also contributesto the construction of a country under the rule of law.