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Bail System Research

Author: NieLei
Tutor: YangYuGuan
School: China University of Political Science
Course: Procedural Law
Keywords: Bail system Released on bail Exceptions Compulsory measures
CLC: D915.3
Type: Master's thesis
Year: 2006
Downloads: 196
Quote: 0
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Abstract


As a compulsory measures under the Code of Criminal Procedure of the application of the current bail system is limited to some may impose a lighter sentence or impose a heavier sentence but not the danger to society of crime suspects, defendants, by limiting certain personal freedom, in order to prevent its escape litigation, threaten witnesses, destroy evidence, so as to safeguard the smooth conduct of the proceedings. China's legislation on the provisions of the Scope in the release on bail there is a certain lack of a direct impact on the applicable effect. Released on bail the system should function effectively, this paper, from the point of view of comparative law, under the premise from abroad bail system to set exceptions to re-build released on bail, to clarify and strengthen the bail system the scope to expand the applicable rate of release on bail. Chapter historical analysis, the generation of the bail system and the process of historical development. First, similar to the bail system in the ancient Roman retrospective, and then start from the origin of the bail system in the modern sense, the representative of the common law countries, and focus on the historical events of the bail system and development play a decisive role, the Anglo-American legal systems of the bail system, the development of the whole process, from creation to the broad-brush comb Finally, a brief introduction to the United Nations' International Covenant on Civil and Political Rights \Chapter II from bail and human freedom, the three angles of the bail and the presumption of innocence principle, bail litigation fairness of the bail system concept cursory analysis that bail is not just as a universal right of detainees to exist , but in the proceedings is identified as a fundamental principle of litigation, and rose to the height of the human rights of the Constitution. Therefore, from the point of view of the Constitution, the right to bail is not just detention of human rights, but one of the basic human rights of all. The constitutional right to declare that its value lies not only tell citizens what rights, more important is the delineation of the boundaries between the state power and civil liberties. Chapter dialectical attitude bail enforcement measures attributes reflect that the re-released on bail the system positioning will be the perfect transformation of the premise of the bail system: a conditional proceedings for criminal suspects or defendants rights, when suspects evaluation may not be able to perform or actually does not fulfill the conditions attached to the result is the loss of the right that is released on bail not been approved or change mandatory measures: Finally, the basic conditions for the realization of rights from the release on bail institutional reconstruction of the angle of re-understanding. The fourth chapter describes the UK, USA, France, Germany, Japan and the International Convention on Human Rights on bail waiting

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Code of Criminal Procedure
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