On Our Country's System Of Guaranteed Pending Trial

At present,with the rapid development of our national economy more and more crimes of the high IQ occurred as internetional criminal case,the civics protect their right more inensely,the series of factors hoped our country change the system of bail,in order to meet the social development and break up the crimes to protect the people.This paper is planned to make a history analysis of the china''s system of the bail's questions by using the two optic of macroscopic and microcosmic,Firstly,using the method of historical materialism,this paper analyzes the reasons why China's legal culture neglected the bail system in the course of historical reform.At the same time,the author explores the causes of the shallow cognition of bail pending trial in our country,so as to find out the deep causes of the low application rate of bail pending trial system in the field of judicial practice.Then we will elaborate on the debate in the theoretical circles on the application conditions,duration and means of the bail system as well as the obligations during the bail period,and combine the actual operation methods of the specific measures in judicial practice with the author's views on the relevant issues.It is hoped that the current system of bail pending trial in China can be used in judicial practice more easily.The article simply discusses the provisions of the Anglo-American law system on bail system,and compares its theoretical basis,method and procedure with that of China's bail system,hoping to draw lessons from it.Of course,we can not be separated from each other.To explore the system of bail pending trial,we must seek the best value orientation based on the balance between safeguarding the personal freedom rights of criminal suspects and defendants and maintaining social stability,taking into account China's basic national conditions and people's conditions.Therefore,the author puts forward the five principles of the bail pending trial system,and also puts forward the concept of the right-type bail pending trial system and the discretionary bail pending trial system.Afterwards,he elaborated his own views on the conditions,decisions,relief,guarantee methods,implementation,and responsibility of the bail pending trial.Although some hasty,but the author still hopes that through their own bold thinking and innovation,so that the bail system in the criminal law field to better play a role,thus gradually improve the criminal procedure system in ourcountry,to facilitate the process of building the rule of law in our country.The text of this paper is divided into four parts.In the first part,the introduction briefly introduced the development of the bial of the common law sysytem and the ancient china's law system,and it analyzes the necessity of improving the system of the china'sbail from the perspective of the history.The second part is an overview and an analysis of china's bial system.It includes the development process and the mordern rule of our country bial system.Trough the disputes in theory and practice,it gives a more three-dimensional and comprehensive perspective on china's bail system.The third part is based on the other country's bail to analyze to our country's bail system.Through analyzing the historical evolution and the basic content of the bial of the common law system,comparing our country's bial system with their system,and using external perspective to analysis our country's bial system,all of this will give a best way for improving our country's bial system.The fourth part is a detail discusion about improving our country's bial system.In this part,the author firstly uses the macro thinking about our country's bial system,wishing to set up several principles,thus they will take some value orientation in applying to our country's bial system,and then the author have a microcosmic thinking about the reform of our country's bial system,improving our country's bial system from five aspects.