Research On The Application Of China's Bail Pending Trial System

The bail pending trial is currently a non-custodial compulsory measure stipulated in China's "Criminal Procedure Law".It usually applies to criminal suspects and defendants who are light in crime and do not need to be arrested,but need to restrict their personal freedom.Any country under the rule of law will take strict control of criminal coercive measures,especially the application of detained coercive measures as its basic principle,and give priority to non-custodial coercive measures.Even if it is a serious crime and it is really necessary to apply detention measures,try to make the degree of coercion as small as possible and the time limit shorter.However,in our judicial practice,the application rate of bail pending measures is extremely low,and there is a big gap compared with the application of the bail system in Britain and the United States.The core function of the bail pending trial system-the alternative function of custody is difficult to achieve,which is contrary to the original intention of the system design and has many difficulties in implementation.Focusing on the status quo and problems of the application of the bail pending trial system in China,this article first introduces the functional advantages of the bail pending trial system,emphasizing its important significance in replacing detention,preventing the extortion of confessions by torture and overdue detention,and protecting human rights,while ensuring the smooth progress of the litigation order,And greatly improve the judicial efficiency;however,combined with the investigation statistics and case analysis of the bail pending cases in the N District People's Procuratorate of City C from 2014 to 2019,the author found that China's arrest rate is high,and the application rate of bail pending trial is low in practice.There are problems such as ambiguous applicable standards,strong subjective randomness of public security and judicial organs,lack of judicial review mechanisms leading to criminal suspects and defendants whose rights are incapable of relief.There are also shortcomings such as a single guarantee method and an unknown deadline,and also in the implementation and supervision.There are many difficulties.There are two main reasons for the analysis.First,from the perspective of the design concept of the bail pending trial system in China,its legal positioning and value orientation are deviated,and its attributes as a criminal suspect and defendant are not clearly defined.Second,the bail pending trial system At the design level,there are problems such as relatively empty legislation and weak operability.The author will introduce the bail system in the United Kingdom and the United States,and compare it with the four aspects of the scope of application,application procedures,application methods and consequences of violations of regulations,understand its development process and relatively perfect program design,and find the shortcomings of China's bail pending trial system.,So as to provide a reference for improving China's bail pending trial system.Finally,according to the problems existing in China's bail pending trial system,we put forward corresponding suggestions from the macro and micro levels to improve them.At the macro level,it is necessary to establish concepts such as human rights protection and presumption of innocence,and clarify the legal right attributes of bail pending trial.In terms of microoperations,reverse regulations are adopted to expand its scope of application,risk assessment is carried out to clarify "social hazards",guarantee methods are increased,judicial review is carried out to increase the relief of the rights of the insured,and the execution of bail pending trial is improved With supervision,it is expected to have a certain role in promoting the development of the bail pending trial system in China.