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The Construction of Guaranteed Pending Trial Procedure in China

Author: AiRu
Tutor: MaGuiXiang
School: Zhejiang Technology and Business University
Course: Procedural Law
Keywords: Bail Bail program Bail Program
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 109
Quote: 1
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Abstract


The bail system of criminal justice is currently very hot issue. As we all know, our country bail is a concept specific to criminal procedural law, as an important enforcement measures, this should be for the protection of human rights in criminal proceedings plays an important role. However, judicial practice, bail is low, extended detention serious, this system did not reach the lawmakers for its default functionality. The reason, of course bail design of the system itself there are many unreasonable, however, ultimately lies in the lack of institutional bail procedures, the existing regulations are not perfect. This is our country and abroad bail bail system main difference lies: the bail process improvement, in practice, running in good condition, while in China, the lack of scientific bail procedural norms, even with sporadic requirements nor does it have operational. Program is considered to restrict the power to realize the right to the best prescription, why the program before deciding on the rule of man and the rule of the most fundamental difference. Procedural fairness and litigation in the values ??of civilization under the guidance of the program should be built bail bail system reform path selection. Bail procedures, including procedures to obtain bail, security procedures and revocation procedures in three aspects. Acquisition program means the parties on bail application procedures and public security and judicial procedures for deciding on bail. Bail security procedures, public security and judicial means in determining bail, the bail can be implemented in order to ensure the supervision and management procedures taken, mainly deposit procedures and regulatory procedures. The bail revocation procedures, bail changes and deactivation procedure in general. In addition, to obtain bail procedures, procedures and safeguards procedures revocation process will inevitably involve the rights of the parties to bail relief. Bail relief program, is when the suspect in custody, the accused obtained bail that its rights have been violated, the rights to relief methods or procedures. The program builds on bail, which aims to standardize judicial practices applicable bail, bail help achieve the fundamental purpose of protection of human rights, improve litigation efficiency and conservation of judicial resources. Of course, the program builds on the concerns of bail before the first essential way to relate to the extraterritorial related systems - Bail procedures inspection. Despite the bail system and China's bail is essentially different, but both are consistent with the program set bail procedures exist to obtain procedures to safeguard procedures and revocation procedures. Therefore, the extraterritorial perfect bail procedures to inspect, is to study the problem of an important part of the bail process. Bail for two legal procedures in more detail later, is the need to focus on our current status of bail legislation, judicial status and related defect analysis, in order to achieve more, learn purposes. Therefore, to fully understand China's actual conditions, based on the author proposes learn from foreign experience in building successful bail process bail reform program suggestions. This paper is divided into four parts: the first part is an overview of the bail process, which describes the meaning of the concept of bail procedures and research value analysis bail procedures; second part is related to extraterritorial bail system of investigation, which includes the Anglo-American law of bail procedures, including procedures for civil bail; third part is the status of bail procedures and defect analysis; fourth part is about how to build a program of bail content.

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