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Bail system and the perfection of our bail system

Author: WuRui
Tutor: WeiYueNing
School: China University of Political Science
Course: Legal
Keywords: Bail Released on bail Perfect
CLC: D925.2
Type: Master's thesis
Year: 2006
Downloads: 278
Quote: 4
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Abstract


Bail system in the West after centuries of historical evolution, has been formally load the Criminal Code of the United Kingdom and the United States and other major common law countries. Today, these countries continues to improve with the development of the bail system. Bail system as a foreign criminal procedure system, plays an important role in the protection of the personal freedom rights of criminal suspects and defendants, normal proceedings and reduce detention costs. Although our bail system similar to the bail system, but they are still co-exist quite different. For judicial practice, many of the less than satisfactory bail system exists, this paper bail system and the bail system in our country a comparative study, in order to do something useful discussions bail system for the improvement and development of our country. The text of this paper is divided into three sections, the history of the first part of the bail system and its conceptual basis, this section describes the history of the bail system and its development, and focuses on the system of bail, and bail system in the United Kingdom and the United States based on the idea: freedom The concept of the presumption of innocence, the principle of the protection of human rights. Citizens enjoy the right to personal liberty, liberty is one of the most basic of human rights; embodied in the bail system, which, based on the principle of the presumption of innocence, the suspects tried right to the same right to freedom of the citizens in general; and from focus on the protection of human rights in the international judicial democracy and civilization to show the trend of development of the modern legal system. The second part of the foreign countries and China's Hong Kong, Macao and Taiwan regions bail system study, in this section, first introduced the three types of rights bail bail and discretionary bail. Discretionary bail subdivided property bail, the guarantor bail and attach other conditions of bail; followed by the scope of the bail, in common law countries, bail is a right and normal, so the majority of the common law system of the scope of the country than civil law countries range; subsequent bail program generally has to go through an application approval or a decision to release on bail conditions and relief phases; at the end of this section for breach of bail laws consequences of national and regional regulations vary, adverse legal consequences of violation of bail shall bear the majority of the decision by the relevant authority or discretionary. The third part draws on the bail experience to improve the country recognizes the system, the contents of this section describes the first country recognizes the system situation and existing problems, including the legislative status quo and existing problems in the actual implementation: then directly bail and released on bail to compare research, both in the nature, purpose and application of the applicable main bail conditions attached and margin determination principles exist in common, but they differ on the essential attribute, such as the scope of application, application objects, and decision authority there are different place; I believe that the bail system, in order to learn from reconstruction of the bail system in our country, we first need the concept level updates. The protection of human rights

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