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Released on bail and Community Correction

Author: DuChao
Tutor: WangShunAn
School: China University of Political Science
Course: Criminal Law
Keywords: Released on bail Bail system Community Correction Criminal justice reform
CLC: D925.2
Type: Master's thesis
Year: 2007
Downloads: 153
Quote: 0
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Abstract


This article from the execution of bail confused to start with an overview of the history, development and current status of the bail system in China. And foreign bail system, and come out on bail to designate the City into the Community Correction rationality and practices and trends of the international community, which asked the bail officer to be the legislative vision of the Community Correction and practices. The paper is divided into four parts, the first part of the bail origins and development status in China's practice in bail, introduces the second part of the introduction of the foreign bail system and released on bail during the execution of Community Correction; Community Correction and Community Correction in the history and current status of development at home and abroad, and expounded China's community correction is in the stage of development, there are many deficiencies, correction of the foreign community has developed a perfect system, has many advantages for us learn; third part of the argument will be released on bail into the community correction in our rationality, necessity and feasibility; stated in Part IV will be released on bail into the community correction operation, the author of legislation and practical ideas. This paper analyzes the current bail system of surface defects and deep-level defects and their causes: prevalence of the concept of traditional misdemeanors, bail to the low utilization rate is not conducive to the protection of legitimate rights and interests be reviewed. General legal provisions and judicial interpretation of the expansion of bail applicable elasticity is too large defects. Of thousands of years of traditional criminal concept is the presumption of guilt, the suspect since ancient times not only to the detainees, they can even be tortured. Therefore, the use of the majority of people think it is deserved, or at least sympathy, the traditional concept of constraints of the Criminal bail in custody; lack of bail applicable to the external environment, there is no guarantee a favorable environment for the proceedings carried out smoothly. Value of community correction system and the bail system to overcome the drawbacks of a sentence of imprisonment, the effect of education and reform; the rational allocation of execution resources, reduce execution costs are the same. Improve the community correction system in line with the use of penalty humane development trends, the progress of social civilization, to break the traditional concept of \rest assured that apply. And therefore on the origin, development of community correction system, the current status of our country and in our country will be released on bail into the Community Correction rationality, necessity and feasibility.

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