Research On The Application Of Bail Pending Trial

In April 2021,the Supreme People’s Procuratorate formulated and issued the "Development Plan for Procuratorial Work in the 14 th Five-Year Plan",which emphasises the need to adhere to the unity of Correctional offences and protecting basic rights.in accordance with the law,fully implement a policy of leniency and strict criminalisation,to change the concept of "arrest upon conviction",implement the legal concept of fewer arrests and reasonable prosecution and detention,to reasonably reduce the rate of arrest and detention,and to promote alternative measures to detention as the main way to safeguard litigation.In China,there are two main alternative measures to detention,namely bail pending trial and residential surveillance.Through research and study,The study found that bail pending trial has more problems in practical application than residential surveillance,and is more urgent to study and solve.This is not only a realistic need to solve the current situation of detention in China,but also an inevitable requirement for China to implement the presumption of innocence,the principle of human rights protection and the criminal justice policy of fewer arrests,prudent prosecution and careful detention.To break the ice of long-term pre-trial detention,reverse the situation of the difficulty of bail pending trial and reduced application rates,and allow the role of bail pending trial to truly play,attention to the application of bail pending judgment is the key,and is the original purpose of the authors who chose the subject.This article focuses on the application of bail pending trial as an entry point,delves into the particular issues that arise in its judicial application and the analysis of the reasons for its creation.The author firstly through reading a large amount of literature,collecting data and cases,It is found that the current situation of the application of bail pending trial in China can be summarized into five points: low application rate,over-concentration of applicable crimes,unequal application targets,few channels for the parties’ rights relief,and formal supervision and management.The reason for this is that the scope of application of bail pending trial is too narrow,the criteria for application are unclear,the guarantee is too single,and the multiple pressures faced by the investigating authorities limit its application.Finally,to break through the key factors affecting the application of bail pending trial one by one,and proposes countermeasures to improve the pending bail applications: Clarify the criteria for the application of bail pending trial,improve the guarantee method,optimize the relevant performance assessment mechanism,draw on the compensation deposit withdrawal system for minor criminal cases,and explore the establishment of a scientific performance assessment mechanism,a specific relief mechanism,and a new type of supervision.The aim is to solve the real problem of the poor bail rates during trials in China,and to provide some help to promote the new pattern of "noncustodial as the principle and custodial as the exception".