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On a Guaranteed Pending Trial

Author: TanYu
Tutor: LuoZhiYong
School: Hunan University
Course: Legal
Keywords: Bail system Bail Measures to improve
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 209
Quote: 3
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Abstract


Bail refers to public security organs , People's Procuratorate and the courts ordered the suspect, the defendant guarantor or pay a deposit to ensure that it does not escape and impede the investigation , prosecution and trial , and goes to a brute force method . Bail is to establish the Criminal Procedure Law is one of the five compulsory measures , and detention , arrest, detention measures , compared to force is weak . It is for the protection of human rights, the protection of criminal proceedings carried out smoothly, improve litigation efficiency plays an important role . However, ideas and technical reasons, our current bail system still exist obvious defects and deficiencies, its practical implementation is less than satisfactory . In judicial practice , it has been exposed for the low rate of protection of the accused can not play the role of legitimate rights and interests , and many other deficiencies. With the heightened awareness of people's rights , the current bail system exists many defects were not suited to the objective needs of development of the situation , to amend the existing bail system , perfect , is inevitable . According to China's national conditions, completely copying foreign bail system is not realistic, and learn bail system improve our bail system is more realistic . Through a comparative analysis of foreign advanced experience , combined with China 's national conditions, both from the legislative and judicial reform and improve the bail system made ??recommendations to promote China 's scientific and criminal justice , democratization , improving the level of protection of human rights in criminal proceedings . Perfect reconstruction bail bail system must first value-oriented system , establishing human rights protection , the presumption of innocence and the procedural justice concept ; secondly , to improve the bail specific legislative provisions and the corresponding relief programs , such as expanding the scope of application bail to increase the guaranteed way to strengthen legal supervision bail , bail perfect relief procedures.

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