On The Perfection Of Types Of Release On Bail And Pending Trial System In My Country

The system of release on bail pending trial has been further improved and regulated when the Criminal Procedure Law was revised in 2012,but there are still many problems in its specific application.In my country,release on bail pending trial is a compulsory measure,but compared with other compulsory measures,it has a certain degree of relaxation in application.The incompleteness of legislation and the difficulty of operation in practice have resulted in the functional alienation of the system of release on bail at the current stage,and it is difficult to realize its due value of protecting human rights and judicial justice.The ambiguity in legislation has caused difficulties in practical application.Therefore,the applicable conditions and scope of release on bail pending further investigation should be further clarified,and the type of release on bail pending further investigation should be re-analyzed,so that release on bail pending further investigation can further exert its due utility and value.Starting from the problems of release on bail pending trial in judicial practice,the loopholes in the provisions of the release on bail pending trial at the level of legal texts are deduced.At the legislative level,there are problems such as unclear conditions for release on bail pending further investigation,the review of the necessity of detention is a mere formality,and the review is not thorough,which leads to problems such as low rate of release on bail pending further investigation in practice,and further results in a waste of national judicial resources.The imperfect protection of human rights has resulted in frequent exchanges of power and money in practice.The economic level is improving day by day,science and technology are improving day by day,and the original guarantee amount,punishment and supervision methods have been difficult to continue.After investigating and understanding the bail system and similar systems of the civil law system and the European and American legal system,it is advocated that on the premise of not changing the nature of my country’s release on bail,the type of release on bail should be classified,and the procedural design should be further improved according to different types of release on bail.Set up the hearing and reasoning procedures for release on bail pending further review as the application and relief procedures for release on bail pending further investigation,and improve the current supervision method for release on bail pending further investigation by learning from the electronic supervision method in Hangzhou.This paper is mainly divided into five parts.The first part is the introduction,which briefly summarizes the background,necessity and significance of the study on bail pending trial system.Based on the concept of less arrest and careful prosecution and human rights protection at this stage and further deepening,the function of guaranteeing human rights of release on bail pending trial urgently needs to be maximized.At the theoretical level,release on bail is conducive to the presumption of innocence and the concept of human rights protection.At present,domestic research on bail pending trial mostly focuses on redefining the application scope of bail pending trial on the basis of changing the nature of bail pending trial;foreign research on bail or similar systems mostly focuses on the collection of bail money and the distribution of bail rights.Based on the investigation and analysis of the system of release on bail or similar systems,it is proposed to apply the type of release on bail pending further investigation,and further clarify the relevant requirements.The second part is to compare and investigate the bail pending trial and bail and related systems on the basis of clarifying the nature,definition,value,and right attribution of bail pending trial.The purpose of release on bail pending trial is to ensure the smooth progress of the litigation process and to ensure that criminal suspects appear in court on time and according to regulations.It is a compulsory measure in the nature of the system.Although release on bail pending trial was officially stipulated in the 1970 s,as early as the pre-Qin period,there was a theory similar to release on bail pending trial in my country: five families were formed as a group,and they reported each other as guarantors.This provision was finalized in the Tang Dynasty.It is stipulated in "Broken Prison" that if the criminal suspect in the case refuses to admit guilt,nor does he admit false accusation after the plaintiff is tortured,and the case is indeed suspected,the plaintiff and the defendant may be charged.Release on bail together.In the Song Dynasty,this system was officially named the waiting system.During the Qing Dynasty,the term "bail" was introduced,and the specific provisions were roughly the same as those of the Western bail system.After the founding of the People’s Republic of China,release on bail was officially entered into law in 1979,and it has also played a role in protecting human rights,maintaining judicial justice and improving judicial efficiency in specific judicial practice.The third part mainly introduces the problems existing in our country’s release on bail system.At the legislative level,the main problems are that the conditions for release on bail pending further investigation are not clear,and the review of the necessity of detaining criminal suspects after they are arrested has not been fully implemented,resulting in a small number of cases of release on bail pending further trial in judicial practice and a low rate of application.Criminal suspects who do not need to be detained are detained,and judicial resources are seriously wasted,which also damages the human rights of criminal suspects.Moreover,the guarantee methods and regulatory measures adopted for release on bail pending trial are still the traditional model.The payment form in RMB as a single currency and the purely human regulatory measures are no longer applicable to today’s society and need to be improved urgently.Based on the aforementioned problems,the fourth part mainly examines and analyzes the extraterritorial bail system or the system with similar functions to bail pending trial,and draws on its excellent experience for use in our country.The United Kingdom regards bail as a basic right of citizens.The common practice is based on the principle of bail,and lists the situations in which release on bail is prohibited,and all those outside the prohibition of bail should be released on bail.The American commercial bail system and huge deposits have caused chaos in the American judicial order.Today,the United States has begun to explore the implementation of a guarantee system without physical goods and only relying on credit as the guarantee method.Japan believes that bail at the investigation stage will be detrimental to the investigation of the case,so its bail system is suitable for defendants awaiting trial rather than criminal suspects in the investigation stage.There is no bail or release on bail system in Taiwan Taiwan region,similar to the system of exemption and cessation of detention.The judge believes that the criminal suspect can be detained only when he is "heavily suspected of committing a crime".Except for the circumstances that should be detained,all other cases will be exempted and suspended.Whether in custody or release,the facts on which the decision is based must be informed to the parties concerned and stated in the transcript.The fifth part is mainly about the improvement ideas put forward for the problems existing in our country’s release on bail pending trial.The first is to determine the principle provisions in the application process of release on bail,and then clarify the basic framework,and then further clarify the detailed provisions in the legal text.Secondly,the types of release on bail pending trial are classified according to different crimes.Legal release on bail pending trial:(1)Those who may be declared non-custodial sentence control,short-term restrained free sentence detention or independently applied additional sentence.(2)If the criminal suspect suffers from serious illness and cannot take care of her alone,or is pregnant or breastfeeding,the suspect is allowed to release on bail so that there will be no social danger.(3)The case is not established after the custody period expires.(4)Those who commit a juvenile negligent crime and plead guilty and accept punishment.Circumstances where release on bail is prohibited include:(1)committing crimes endangering national security or public security,or committing crimes against personal rights with serious violence.(2)May be sentenced to fixed-term imprisonment of not less than ten years.(3)The chief member of the repeat offender and the principal criminal group.In addition,release on bail pending further investigation is required,and selective release on bail pending further investigation is an exception to the statutory release on bail pending further investigation,which is a manifestation of the discretionary power granted to the investigative agency.Furthermore,different procedures are set according to different types of bail pending trial.It belongs to the statutory release on bail pending further investigation,but the decision not to grant bail pending further investigation shall be reported to the higher authority for review and a hearing shall be held,and a reconsideration or appeal procedure for dissatisfaction with the hearing decision on bail pending further investigation shall be established.If it belongs to the decision prohibiting release on bail pending further investigation but the parties are dissatisfied with the decision prohibiting release on bail pending further investigation,they may review the decision to the higher-level organ of the organ that made the decision.Those who are selected to be released on bail pending further trial shall be subject to the principle of release on bail pending further investigation,and those not granted bail pending further trial shall have a hearing,and a relief procedure shall be set at the same time.Finally,regarding the guarantee method of release on bail and the implementation supervision method,it is proposed to introduce the method of online deposit,increase the securities and real estate as collateral,and advocate the combination of human supervision and electronic supervision in the supervision method.