Research On Criminal Surety System

"Guarantee" is mostly used in civil legal environment as a professional word both in academic circle and judicial practice, and there are more clearly provides for the guarantor of the criminal law. Because the discusses of the surety system are described in the bail activity as a conveniently mention in the Chinese academic, and rarely discussed specially, it is very necessary to have systematic research for Chinese surety system.Firstly the article defined the basic connotation of surety and points out its content by analyzing the definition of "guarantee" and "surety". In our country, the activities of surety usually reflects from the bail and release on medical parole, the affect of surety has important significance for guarantee of procedure, of the foundational fight to the person accused, realizing the procedure justice and improving the efficiency of procedure. Although many countries and regions have regulation about the surety in the criminal law, the regulations show lots of differences because of the emphasis of litigation concept and value on criminal procedure. Therefore, it is necessary to analyze and compare the specific kinds of other countries and regions of surety to perfect its essences and discard the dregs. There are many shortcomings both in legislation and practice in our current surety system. The legislatures should pay attention to the defect on the purpose of legislation, subject qualification, performance of obligation and responsibility, especially on the criminal execution of release on medical parole which have merely legislation regulations. There are also serious problems about surety in aspects of tiny limits, low applicable scope and imperfect accountability mechanism in practice.Based on the analysis and elaboration of the existing problems of surety, the article pointed out the specific ideas for the surety system. With the reference to the regulation of surety of exile countries, comparing with the pilot situation of "management and education system for suspected criminal nonnative persons" in Wuxi, the article put forward a series of constructive ideas, which is mostly about surety scope, toll, conditions, the credentials, fundamental rights, specific obligation and responsibility, etc. The joint responsibility for civil compensation of surety is only mentioned by the form of judicial interpretation, and the article had detailed exploration about the former responsibility so as to that the surety system would play its due effect during constructing the system systematically in the future.