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The Study on the System of Bail Pending with Restricted Liberty of Moving in China

Author: LiDi
Tutor: HanDeYang
School: Shenyang Normal
Course: Legal
Keywords: Released on bail Bail Protection of human rights Compulsory measures
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 72
Quote: 0
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Abstract


Released on bail as an important criminal proceedings coercive measures, plays an important role in the protection of human rights. There are some flaws due to the bail system, leading to bail applicable rate is low, serious phenomenon of extended detention. Bail and research aimed at identifying its problems, to learn from the legislative and practical experience of Western countries bail system mature, comprehensive analysis of the foreign bail system suitable for China's national conditions on the basis of trade-offs, absorbing proposed suggestions for improvement. In this paper, comparative jurisprudence, law hermeneutics, reads as follows: This article is divided into four main parts. The first part of our bail system overview, Bail and historical research, introduced in ancient China, modern, modern bail system. Based on this analysis the country recognizes the legal property of the legal function. Bail and mandatory power, is conducive to the protection of human rights, to protect the smooth conduct of the proceedings, the course of justice. The second part of the bail system outside the scope of application of the bail system in Britain, the United States and Germany and Japan, to ensure that the contents of the relief program, in violation of the consequences of an introduction. The study of comparative law, to facilitate the detection of the bail system problems, provide reference for the improvement of our bail system. Third section describes the the applicable status quo of the bail system in China. Our law is released on bail the scope of the guarantee, the guarantor liability, bail shall comply with the obligations have been clearly defined. The system, however, there are also a given problem, such as the narrow scope of application, by way of a single, non-ancillary relief measures. Power standard, the presumption of guilt, litigation utilitarian concept, combined with criminal coercive measures guiding philosophy of the existence of errors, lack of judicial review in the pre-trial proceedings, an important reason to cause the system problems. The fourth part of the bail system reform and improvement of our recommendations. Reform and improvement of the bail system should first establish the protection of human rights, the presumption of innocence and litigation efficiency and value system. On this basis to expand the scope of bail, released on bail guarantee, refinement bail, the liability of the guarantor, the establishment of appropriate remedies. In short, our bail system there are deficiencies, to specific system reform and improvement of its reform and improvement needs to be based on China's reality, learn from the advanced experience of other countries, while changes in the concept of justice.

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