An Empirical Study On The System Of Bail Pending Trial In The Investigation Stage

In European countries and the United States,bail prevails while detention is an exception.In China,guaranteed release is prescribed as one of the no-custodial coercive measures in the criminal procedural law.The rates of pre-trial detention is high and the compulsory measure system depends too much on arrestment and detention without full consideration of human rights.Sometimes,the function of the bail is turned into a "case digestion mechanism".The rights of the criminal suspect and defendant is not been properly protected.Reform and perfect the bail system,rights should be released on bail and released on bail two procedural aspects.To reform and perfect the system of recognizance on bail of China,it should be released on two procedural aspects,one is empowering the recognizance on bail as a right and the other is providing the system as a procedure.Expanding the applicable scope,broadening the condition of bail carrying out relevant steps,strengthening risk evaluation,enhancing the surveillance and establishing the long tern mechanism.Effectively protect the rights of criminal suspects and defendants released on bail.