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On the Improvement of the Practice of Obtaining Guarantor Pending Trail in China

Author: SunZuo
Tutor: DuYanLin
School: Jilin University
Course: Legal Theory
Keywords: Bail Right Regulatory Perfect
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 165
Quote: 0
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Abstract


This paper attempts to legislate under the legal system of bail and judicial practice of criminal suspects and defendants rights protection as the object to bail a direct impact on the application of the Criminal Procedure Law punishing crime and safeguard human rights balanced realization of the purpose of central issue discussed through systematic analysis reveals China's legislative and judicial practice in bail deficiencies and problems, propose countermeasures and suggestions for improvement , that bail which only non- custodial coercive measures to further improve the offer inspiration and reference . Besides the introduction and conclusion, is divided into four parts: The first chapter describes the theoretical basis of the bail system . From concept and characteristics of bail and legal aspects of the relationship and the value of law to explore the nature of our bail system , through the history of the development of China bail and bail system in comparison with foreign countries , a detailed examination of all times on bail ( Bail ) different for our bail reform for reference. The second chapter applies to the way the bail stage of China , objects, procedures and play a positive role in several aspects, describes the current bail system applicable to the specific situation in our country . The third chapter analyzes the country recognizes the inadequacy of the system from the legislative level , as well as public security and judicial judicial practice problems. Chapter IV for existing bail previously noted the lack of legislation and practice , from the idea of ??change , improve legislation and creation of a neutral bail review mechanism and a sound supporting mechanisms such as a comprehensive proposed bail perfect direction and corresponding legal countermeasures.

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