Research On Commercial Private Participation In Guaranteed Pending Trial

Obtaining guaranteed pending trial is an important criminal coercive measure in China's criminal proceedings,but there are many problems in judicial practice.Two of them should be taken seriously.One is the frequent problem of escape,and the other is the low rate of guaranteed pending trial.However,as a non-custodial compulsory measure,guaranteed pending trial has failed to play its due role in practice due to the influence of the above problems.Therefore,the existing problems in the system have attracted much attention and need to be solved urgently.In view of the above problems,this paper discusses and analyzes how to improve the system of guaranteed pending trial by referring to the commercial bail system of the United States in combination with the actual situation of our country.At the beginning of this paper,two major problems existing in China's current bail system will be analyzed.One is the frequent problem of escape,and the other is the low rate of guaranteed pending trial.In order to solve these two problems,the author combined with the reality,put forward the view of drawing lessons from the American commercial bail system.In order to further confirm this view,this paper mainly elaborates on the following parts:First of all,this paper makes a comprehensive analysis of the commercial bail system in the United States,including the system overview,theoretical basis,system provisions,practical value disputes and other aspects.Through the analysis of the American commercial bail system,this paper clarifies the operation mode and foundation of this system,and provides the institutional basis for the following part.Secondly,after making clear the background and regulations of the American commercial bail system,this paper analyzes the necessity and feasibility of the introduction of the concept of commercial private participation in the American commercial bail system based on the current situation in China.Through the necessity and feasibility analysis,it provides the theoretical and practical analysis basis for the establishment of the system,and further strengthens the rationality of the system reference.After that,based on the analysis of the above parts,this paper puts forward the idea of commercial private participation transplantation.Specific Suggestions are given in the following aspects:the nature of the commercial guaranteed pending trial system,the subject setting,the supporting legal norms,the business process,and the post-relief mechanism.Through these aspects of the conception,the overall planning of the commercial guaranteed pending trial system blueprint,for further practical application to lay the foundation.Finally,it concludes that the introduction of commercial private participation into China's guaranteed pending trial system is an alternative development direction under the current judicial environment and has its unique advantages.The establishment of commercial guaranteed pending trial system to increase the application of guaranteed pending trial can fundamentally solve the two major problems existing in the current guaranteed pending trial system,and at the same time,it can strengthen the protection of Chinese citizens' rights and promote the development of China's human rights concept.