Discussion On The Hierarchical Supervision Of The Bail Pending Trial System

The bail pending trial system further clarified the basic framework of applicable conditions,implementing agencies,execution methods,performance obligations and responsibilities while amending the "Criminal Procedure Law" in 2012,but which still hasn’t played its due function during more than six years of judicial practice.The dummy implementation of supervision is one of the main reasons that the judicial authorities wouldn’t apply for the bail pending trial.The purpose of this paper is to construct a hierarchical supervision mode for execution of the bail pending trial,to achieve substanlization of supervision,improve the application rate of the bail pending trial,and fully guarantee the rights of the persons involved in criminals.In addition to the introduction,this article is divided into four chapters.The first chapter is an overview of the judicial status of supervision for enforcement of the bail pending trial.To sort out the implementation requirements of the bail pending trial dispersed in the legal norms,including the body,contents and responsibilities and so on to execute supervision.From the perspective of empirical research,we look for problems during the implementation of supervision and the constraints factors of the system itself,external environments,and judicial enforcement behind problems.The second chapter is a comparative study of the alternative measures of extraterritorial detention and the implementation of supervision on the bail pending trial.Through comparative analysis,from the bail pending trial system of Anglo-American legal systems,the judicial control of Civil law systems,and bail pending trial systems of Hong Kong and guaranteeing systems of Taiwan in China,we found that the supervision provisions of bail pending trial enforcements can be referred,and refined the enlightenment of alternative measures for the extraterritorial detention to design enforcement supervision of the bail pending trial including the hierarchy of institutional design,the flexibility of procedure operation,distinction of selection rules,the judicial nature of rights relief,and the extensiveness of social participation.The third chapter is to put forward the conception of the supervision level of the bail pending trial.On the basis of summarizing the existing regulatory measures in China,the three basic supervision modes of general,auxiliary supervision and electronic monitoring are summarized.The concept of hierarchical supervision is proposed through the analysis of the advantages and disadvantages of each model,and the content,legitimacy and application principles of the hierarchical supervision are elaborated.The fourth chapter is the specific application of the hierarchy of enforcement supervision and of the bail pending trial.This includes hierarchies of bodies,conditions,procedures,and sanctions for supervision.The supervisory body is different from the executive body,and propose to return the qualification of the executive body to the public security organization handling the case;the regulatory conditions distinguish between different types of cases and external environments of persons involved in criminals,corresponding to different regulatory modes;the regulatory procedure is set after social investigations and evaluations,introduce the review of arrests lawsuits into the rights relief and strengthen legal supervision responsibilities of the procuratorial authority;supervise the sanctions to persons who are holding a bail pending trial and violated regulations,impose substantive sanctions by restricting probation and increasing the sentence,at the same time further clarify sanctions against negligent guarantors,supervisory aides and case handlers.