A Presence Study Of American Bail System And Its Significance To Our Country

Bail is one of the characteristic litigation activities in pretrial procedure.It refers to the system in which a criminal suspect or defendant in custody obtains pre-trial release by offering guarantee or accepting specific conditions.The establishment and correct implementation of the bail system are of great significance to ensure the smooth progress of criminal proceedings.The traditional purpose of bail in the United States has been to ensure the release of an accused person at subsequent trials and to comply with court decisions.It relates to American judicial background and highly liberal national culture.The paper takes the presence of bail system as the breakthrough point.First of all,it clarifies the concern of the bail system for presence from the interpretation of "Bail Reform Act 1984",the typical cases in judicial practice of the United States,the type of bail in the current legal system,and the history about the presence of bail.It provides a necessary platform for further comparative analysis of the risk review of bail system.Secondly,it points out the lack of case review in China and analyzes the single social risk evaluation standard in the current system of bail pending trial.Thirdly,by expounding on the system construction and the improvement of the guarantee system in China,we should establish the second level evaluation rule which combines the presence and the danger,and establish effective conditions for obtaining bail before trial to ensure the availability of cases,and ease the sharp conflict between bail and detention by various means.Finally,this paper discusses the impact of the review on custody and bail pending operation.Custody should be treated dialectically.The system of bail as an alternative to detention can be developed more qualitatively only if the significance of the review is fully recognized.