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Released on bail the Applicable

Author: TianZhuZuo
Tutor: ZhouBaoFeng
School: Inner Mongolia University
Course: Legal
Keywords: Released on bail Be applicable Bail system Draw Improve the framework
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 38
Quote: 1
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Abstract


Released on bail is one of the compulsory measures of China's Criminal Procedure Law, with residential surveillance, issue a warrant, criminal detention, arrests constitute our criminal mandatory system. By their very nature, the public security organs in accordance with the provisions of the law, the use of behavior exercised under the law of its own terms of reference, rather than a right enjoyed by the citizens. Set up the purpose of the release on bail is to guarantee the effective exercise of the power of the criminal justice justice organizations, to ensure the smooth progress of the criminal proceedings. The nature of the bail system is a \China has been followed in the criminal proceedings mode super-authority principle mode of state power are stressed, this judicial philosophy deeply rooted, deep-rooted. 2008 work report of the Supreme People's Procuratorate, the five years between 2003 and 2007, the National custody rate close to 90% of the average bail only 1O%. Since 2008, the proportion of non-custodial coercive measures to increase slowly, grassroots procuratorate, the author released on bail applies the proportion is still generally low, to 2008, 2009, 2010 for three years, for example, released on bail rate has been stable at 20 % -25%. Court to declare sentenced to non-custodial sentence, bail is low, in 2008, 2009, 2010, three years, I District Court sentenced to non-custodial sentence, more than half of the defendants were arrested. , that is, given a suspended sentence of at least half of the offenders released from pretrial custody status. In addition, the release on bail approval lax perform random, deposit receipt, custody, confiscation and return a bit confusing. The lack of law enforcement on the concept, the lack of legislative system and the lack of judicial resources is a direct result of our bail system exists in the judicial practice of the problems mentioned above. Therefore, it is necessary to learn and reference the bail system of extraterritorial laws and international covenants on human rights principles, rules, and rebuild our bail system. Expand released on bail range, bail became the general rules of the pre-trial or trial period, and detention is an exception. Increase the release on bail, the explicitly released on bail period, released on bail right to complain converted into the right to appeal, and its positioning as a citizen's rights, explicitly released on bail decision of authorities for judicial act independently to determine charges will de Paul; another, but also due to the introduction of non-state forces, effective support for the release on bail applies. The country recognizes the rights of the Constitution, is the ultimate way to achieve the release on bail rights. Into the spirit of the international conventions signed by the constitution, so to get released on bail to become citizens enjoy a constitutional right.

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