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Research on the Perfect of Guaranteed Pending Trial System

Author: WangHongTao
Tutor: ZhouBaoFeng
School: Inner Mongolia University
Course: Legal
Keywords: guaranteed pending trial system bail system Status quo improvement
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 86
Quote: 0
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Abstract


The system of guaranteed pending trial is a kind of compulsory measure which means that in the process of our national criminal suit, public security agency, national security agency, People’s Procuratorate and People’s Court order, the suspect or defendant put forward guarantors or pay the earnest money, so as to ensure that the suspect or defendant will not escape or hinder the investigation, suit and trial, and be available at any time.With the development of the Chinese law building and awareness of protecting human rights, the present system of a guaranteed Pending trail plays an important role in protecting the smooth proceeding of the criminal procedure and the human rights, and enhancing the efficiency of the criminal procedure. But as a result of the limitation of conception and technology, the present system of a guaranteed pending trial has its defects and shortcomings, and its effect in application is not satisfactory. It’s necessary to modify and perfect the present system of a guaranteed pending trial to keep up with the development of the society.This paper focuses on the guaranteed pending trial system, I think the rationale content of bail system abroad is worth our leaning. The reform of being out on guaranteed pending trial system must be based on the reality of our country, and full research on the feasibility of the reform scheme. It must be carried out step by step after careful study and drawing on the foreign relative law systems. For this reason, the author propose to improve the lawsuit idea. Perfect the relative system: expanding its adopting scale appropriately, rich and perfect the guaranteeing way. Clarify the responsibility of the guarantor, improve and strengthen the supervising and managing measures on the person who is out on bail. We are very optimistic that with our Persevering efforts, the system of being out on bail will be perfected gradually.

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