Research On The System Of Suitable Guarantor

The rapid development of the economy and the acceleration of urbanization have led to the influx of large numbers of rural people,including adolescents,into cities;the increase in employment demand,the surge in migrant populations in economically developed regions;the quality of teaching in provincial capitals and other economically developed areas is better,and the tide of studying in different places is rising;the long-standing problem of the number of young people in the society who have been idle has led to the serious problem of the crimes involving minors coming from abroad.The alien juvenile suspects are mostly separated from the guardians,or even if there is no separation,there are objective reasons for the inability to exercise custody,and these minors often do not have a permanent residence in the crime scene,and are unable to pay the deposit for bail pending trial,resulting in the crime.The custody measures that could have been avoided to limit personal freedom were unavoidable.Therefore,under the existing system of bail pending trial in China,it is difficult to guarantee the legal rights and interests of criminals involved in foreign minors,which has a certain negative impact on the protection of the legitimate rights and interests of minors.Therefore,under the emphasis on protecting minors,implementing the principle of "education,probation,and salvation" in criminal proceedings and the basic principles of "education-based,punishment-assisted",China's procuratorial organs began to explore the establishment of a suitable guarantor system to protect foreign parties.Sin minors are equally entitled to the right to bail pending enforcement.This aspect can reduce the rate of custody in China,ease the pressure of overcrowding of the institution,and on the other hand,it can also implement the equal protection of suspects of juvenile offenders in the field,and play an important role in the smooth return to society in the future.This article is divided into four parts,a total of36,260 words.The first part is a general overview of the appropriate guarantor system.Under the reality that the urbanization process is accelerating and the crime rate of foreign minors is increasing,Shanghai procuratorate has begun to explore innovative and appropriate guarantor systems.The appropriate guarantor is the public security organ,the procuratorate,and the court who,in the course of criminal proceedings,are not required to provide custody,but cannot provide the guarantor or the guilty minor who has paid the deposit,and perform the guarantor's obligations in accordance with the law in the course of criminal proceedings.This new way ofbail pending trial can not only better protect the legitimate rights and interests of minors,but also has important significance for China's modernization and the construction of a country under the rule of law.The second part examines the relevant systems of relevant countries and regions outside the region.By introducing different systems outside the domain,learn from the useful experience,in order to build a suitable guarantor system with Chinese characteristics in line with China's national conditions.For example,the “appropriate person in the jurisdiction” of the Taiwanese region as a guarantor in the juvenile incident is similar to the appropriate guarantor,which provides an important basis for us to explore a suitable guarantor system.In the establishment of the system,we can learn from the UK and Australia: government-led,other social organizations and organizations to help.As a related supporting measure,the nursing base is indispensable when establishing a proper guarantor system.Japan's protection and observation system can provide us with experience.The third part introduces the practical operation of the appropriate guarantor system in various regions of China.The system has achieved important results in the exploration:through the establishment of a suitable guarantor team,a nursing base and the Internet,it has expanded the power of teaching and learning,improved the social protection system,and guaranteed the legal rights of minors involved in crimes to a minimum.Juvenile review of arrest and prosecution rates.At the same time of achieving results,it is still necessary to focus on the problems that arise in the operation of the system,such as the over-principle of the law;the qualifications of the appropriate guarantor are unclear;the leading organs of the system are not clear;the guarantor's rights and obligations are unclear and lack of accountability mechanisms;Funding guarantees,etc.The fourth part puts forward relevant suggestions for constructing a suitable guarantor system for minors in China.The legal status of the system in the criminal litigation system should be established,and the scope,rights and obligations of the guarantor should be clearly defined,and the operation of the system should be guaranteed.Natural persons and organizations can become suitable guarantors through the assessment of the leading organs through self-recommendation or unit recommendation.During the performance of the duties,the appropriate guarantor shall actively exercise the rights of the guarantor,such as the right to know,the right to supervise,etc.;and strictly perform the obligations of the guarantor,such as confidentiality obligations,supervision obligations,reporting obligations,etc.;Then youshould bear the corresponding consequences.The selection of a suitable guarantor team is the necessary personnel guarantee for the operation of the system.The construction of social support such as the nursing base,the non-custodial risk assessment mechanism,and the relevant incentive system are necessary supporting measures for the operation of the guarantor system,and should be established together.