Social Institutions Participate In The Study Of Bail Procedure

The prominent problem of China's bail pending trial system is the low application rate,which is mainly due to the lack of impartiality of the social risk assessment procedure,the inadequate implementation of bail pending trial guarantee and the lack of bail pending trial guarantee mode.Under the situation of monopoly of public power,the international human rights standard of waiting for trial without custody cannot be implemented.The participation of social institutions can reduce the detention rate to a certain extent.In addition to the introduction and conclusion,the paper is divided into four parts.The first part is an overview of the participation of social institutions in obtaining bail.Firstly,it defines the participation of social institutions in obtaining bail pending trial as: in order to improve the application rate of obtaining bail pending trial,a third party social assessment institution evaluates the social risk of criminal suspects and defendants and issues an assessment report;Security companies,community correction institutions,enterprises and public institutions shall effectively supervise the criminal suspects and defendants who are subject to the compulsory measures of obtaining a guarantor pending trial,and commercial guaranty companies shall provide commercial guaranty for criminal suspects and defendants,and undertake the process of supervision and reporting.Secondly,it introduces three specific ways for social institutions to participate in bail pending trial: social institutions to participate in social risk assessment,social institutions to participate in bail pending execution,and social institutions to provide commercial guarantee.Thirdly,the characteristics of commercial,marketability,limitation,equality and subordination exist in the participation of social institutions.Finally,it analyzes the significance of the participation of social institutions in obtaining bail pending trial: it is conducive to the realization of human rights protection,procedural justice,judicial unity and equality in the application of law.The second part is the participation of social institutions in social risk assessment.Firstly,it analyzes the necessity for social assessment institutions to participate in social risk assessment: it is the need to ensure the neutrality of assessment subjects and the accuracy of assessment results.Secondly,it analyzes the rationality of the participation of social institutions in obtaining bail pending trial: it is conducive to saving judicial resources.Thirdly,the feasibility of social institutions participating in social risk assessment is analyzed: social institutions participating in social risk assessment is based on legal evidence,and scholars have carried out beneficial theoretical exploration on social risk assessment.Finally,the specific social risk assessment system is constructed from the aspects of assessment subject,assessment content,assessment procedure and relief procedure.The third part is the participation of social institutions in the implementation of bail pending trial.Firstly,it analyzes the necessity of the participation of social institutions in the execution: it is the need of enhancing the objective execution ability of the execution subject and the subjective execution motivation of the execution subject.Secondly,it analyzes the rationality of the participation of social institutions in the execution of the guarantor pending trial: it is conducive to enhancing the realistic binding force of the guarantor pending trial and alleviating the shortage of public security organs.Thirdly,the feasibility of social institutions participating in the implementation is analyzed: in line with the requirements of China's current policy,in line with the requirements of litigation benefits.Finally,from the participation of the main participants,participation in matters,costs and the responsibility of the main participants of the participation of social institutions in the implementation of bail pending system construction.The fourth part is the commercial guarantee provided by social institutions.Firstly,the necessity of commercial guarantee provided by social institutions is analyzed:It is the need to strengthen the applicability of guarantee mode and the supervision of guarantor.Secondly,it analyzes the reasonableness of commercial guarantee provided by social institutions: it is beneficial to enhance the insured's consciousness of fulfilling legal obligations,and reduce the concern of decision-making organs about the insured's "losing control".Thirdly,the feasibility of the participation of social institutions in obtaining bail is analyzed.Finally,from the commercial guarantee subject,rights and obligations and responsibilities of social institutions to provide commercial guarantee system construction.