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Comparison and Reference of the bail system

Author: ZouJun
Tutor: LiLi
School: Nanjing Normal University
Course: Procedural Law
Keywords: Bail system Litigation value Released on bail
CLC: D915.3
Type: Master's thesis
Year: 2007
Downloads: 184
Quote: 3
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Abstract


The bail system is on arrest or detention to wait for the investigation, trial to be release system to provide security . Bail was first produced in the United Kingdom , after a long history of development , a more comprehensive protection of personal freedom for the purpose of the system . Development of the bail system in the United Kingdom and the United States is relatively complete . Legislation on bail and bail procedures . Practice , punish the crime , to better protect the legitimate rights and interests of the defendant . As a security measure in the criminal proceedings , the custody of the application must be in strict accordance with the law , or will infringe the personal rights of the detainees . However , China's current detention system is extremely unsound practice extended detention and other serious violations of criminal suspects or defendants the legitimate rights and interests of the phenomenon . Bail system as our alternative custody measures , its role has not been effective play , cause there are a lot of judicial practice of pre-trial detention , and serious damage to the legitimate rights and interests of criminal suspects or defendants . The bail system is accepted by the international community as a backing and support its inherent litigation value , it contains the concept of protection of the rights of certain of the bail system . At present, China should not be a comprehensive transplant bail system in the West , it is more favorable to China to absorb the reasonable factors to transform released on bail . Therefore , this article attempts to conduct analysis of the applicable released on bail existing practice problems and their causes , combined with the advantages of the bail system abroad and proposed countermeasures to further improve the current bail system .

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