Research On Sureties Of Bail Pending Trial System

According to the law of our country,there are two ways of guaranty for bail pending trial: guarantor's guaranty and margin's guaranty.These two guarantees can only be used in one way or other.Academic circles have made fruitful research on guarantees of bail pending trial.However,scholars pay more attention to the margin system,and relatively neglect the extensive and in-depth study of the guarantor system.At the legislative level,in recent amendments to the Criminal Procedure Law and supporting laws,there are many amendments and improvements to the way of guaranty.However,there has been no substantive amendment or suggestions for improvement on the way of guarantor's guaranty.The guarantor guarantee has its unique advantages compared with the guaranty guarantee,and there are still some problems to be solved in the practice of law enforcement.For example,the setting of guarantor's conditions is not scientific,the examination procedure is not standardized,the punishment for guarantor and bailsman violating the relevant provisions of guarantor pending trial is too light,the relief mechanism is not perfect,the guarantor's guarantee mode has a low application rate,and the executing organ is seriously absent,etc.These problems are either caused by imperfect legislation or by practical difficulties,but they affect and restrict the guarantor system of bail pending trial from different aspects.Under the background of comprehensively promoting the rule of law and perfecting the legislative system,it is particularly important to improve the guarantor system of bail pending trial in China.The paper is divided into five parts,and the main contents are as follows:Chapter one,overview.This part starts with the concept of guarantor pending bail,explains the value of guarantor pending bail system,and then makes a comparative analysis between China's guarantor pending trial system and foreign bail system.Chapter two,historical evolution.This part combs the historical evolution of China's bail pending trial system in each major era,and analyses the existence value and practical necessity of the bail pending trial guarantor system.Chapter three,defects analysis.This part mainly introduces the current situation of the guarantor system of bail pending trial in our country,and analyses the deficiencies of the system in legislation and practice.Chapter four,comparative study.This part focuses on the comparison between bail guarantor system in China and those in Britain and the United States,in order to summarize the merits of different systems for any future reference.Chapter five,ways to improve.This part is based on the analysis and summary of the previous research results,combined with the current social development trend,then put forward practical suggestions for improvement.