On The Perfection Of Bail Pending Trial System In China

The latest revision of Criminal Procedure Law in 2018 is based on our national situation and actuality,insists on the ideology of rule of law and targets at solving problems,and achieves great litigation results.Meanwhile,with the continuous development of society,miscellaneous conflicts are coming into existence.The revised Criminal Procedure Law exposes some shortcomings and deficiencies in certain concrete fields such as the guaranteed pending trial.While probing into its causality,we find the fact that the guaranteed pending trial system is merely regarded as a criminal coercive measure in our nation's criminal litigation.It fails to work as a litigation right owned by the accused.China shall learn from the bailout system prevailing:in the common law system,change the litigation paradigm purely focused on administrative judgment to constitute a new paradigm of prosecutor and defender countering each other and judges giving verdict in a neutral stance.The non-custody feature of the guaranteed pending trial system must be in full performance to guarantee the defender has the right of pretrial release.Lawyer's participation into the pretrial defense is encouraged to consummate the judicial remedy channels.The applicable conditions for guaranteed pending trial shall be explicitly stipulated.The applicable scope can be enlarged in a proper extent.With the exception of eight extreme felonies,guaranteed pending trial shall be the primary option for all other cases.The guarantee forms must be increased,the cash deposit for guarantee must be standardized.Except the guarantor and the guarantee forms,the guarantee pattern of personal recognizance can also be included.The judicial review procedure shall be introduced in to establish a remedy mechanism on the court level.The effective supervision system must be set up to strengthen the punishment to the failure of sustaining the guarantee.The expiration for the bailout must be strictly defined to prevent multiple governmental entities from making bailout judgment repetitively.The maximum 12 months of bailout period must be faithfully enforced.