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Research on the System of Guarantor Pending Trial in China

Author: ChenChuanJie
Tutor: ZhangYuRun
School: Anhui University
Course: Legal
Keywords: Guarantor Pending Trial Bail system Presumption of innocence
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 63
Quote: 0
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Abstract


The embryonic form of Guarantor Pending Trial in china can be traced back to Western Zhou Dynasty. Due to the affection and limitation of the traditional power Selfish departmentalism, it has always been pointed at criminal coercive measures after thousands of years of development, and legislation, law enforcement and judicial concept still have not been fully updated, then it makes the embryonic form lack scientific theoretical basis and reasonable system design. So, it makes applicable rates too low to achieve the protection of human rights. Therefore, if we want to improve the the system of a guarantor pending trial currently, we need to keep abreast of the times’request and study its theoretical basis, and analyze the status quo and inadequacy. Meanwhile, we need to face the differences and disparities with a foreign bail system, and propose the reform measures.Guarantor pending trial is a kind of compulsory measure, which is dicided by public security organs, the people’s procuratorates or the people’s court, or applied by the criminal suspects or defendants and other relevant personnel, by public security organs, the People’s procuratorate and the People’s court with the consent of the criminal suspect or defendant by the sponsor or guaranty. In order to guarantee of criminal suspects or defendants in the custody of the case, not evade or impede the investigation, suing and trial, and at my beck and call. Guarantor pending trial has attached conditions such as the restriction, temporary custody, and Guarantee program, to protect human rights and ensure the legal, justice and social harmony of essential aspects.The Guarantor Pending Trial system is originated in Western Zhou Dynasty. As the booming time politics, economy, and legal system came, the system was developed and perfected By in Tang Dynasty. In late Qing Dynasty, the western knowledge is filled the content of guarantor pending trial system. Since the founding of new china, china’s law of criminal procedure worked out Guarantor Pending Trial system with chinese characteristics. However, Our Guarantor Pending Trial needs to be improved. Such aspects as unclear positioning, vague stipulations, low applicable rates, unscientific ways of guarantee and inadequate complementing relief measures need to be improved.Our country could learn from bail system of The Common Law System to improve the system of the guarantor pending trial in China. We have to strictly implement the protection of human rights concepts and presumption in criminal litigation. To improve the existing system, we should build the advanced scientific ideas. We need to reposition Guarantor Pending Trial system, expand the scope, make the way of Guarantee flexible, determine deadline, strengthen supervision, and establish the way of relief.

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