An Empirical Study On Public Security Organs Applying Bail Guarantee Mode

The guarantor pending trial system has similar functions to the western bail system,which can effectively reduce the detention rate and prevent public power from harming citizens' freedom.Our country's laws and related judicial interpretations are relatively sparse in terms of the guarantor pending trial guarantee methods.There is a lack of unified guidance in the application of guarantor pending trial guarantee methods,and the application is not standardized,making the banned pending trial application rate low for a long time.This article takes the empirical investigation as the starting point,based on the full understanding of the applicable conditions of the guarantee pending trial guarantee method,discovers the problems,explores the reasons for the problems,and proposes the basic concept of reforming and perfecting the guarantee for trial pending trials in order to regulate and expand the application of the guarantee methods.Improve the application rate of guaranty pending trial.This article removes the introduction and conclusion.The text consists of four parts,about 30,000 words.The first part takes the G city public security organ as a research sample,and mainly introduces the basic situation of the G city public security organ's application of the guaranty pending trial guarantee method.Through investigation,it was found that: G city public security agencies have a higher rate of application for guarantor pending trial,and the number and number of cases involving guarantor pending trial exceed 40%;the guarantor's guarantee is far higher than the number of guarantors who use guaranty pending trial;The case of margin guarantee is mainly a possible punishment in the penalties.The types of cases guaranteed by the guarantor are broader.The type of guarantee that is used is not relevant.The amount of security deposit collected by the public security authority is less than 10,000 yuan.The collection of security deposits is 5,000 yuan,and the amount of deposits arbitrarily forfeited is reduced.Among guarantor guarantees,public security agencies choose more close relatives of criminal suspects as guarantors,less punishment for guarantors,and fewer migrants are eligible for bail trials than locals.Margin guarantees are more applicable guarantees for floating populations.The second part analyzes the main problems in the process of public security organs' application of guarantee methods.The article believes that there are mainly the following issues: the public security authorities are more arbitrarily arbitrarily applied to guarantee methods;different public security organs and different case-handling staff have different application standards;and the types of guarantee methods are single,resulting in more serious cases of improper detention and local suspects.Security;the public security agencies receive a high amount of security deposits,the return procedures are cumbersome,and the refunds are not timely;after the criminal suspects are confiscated by illegal deposits,it is difficult to obtain relief;the public security organs do not strictly examine the guarantor qualifications,supervision is weak,and the guarantor is not punished;The guarantor has a small scope and is obsessed with the obligation to report and supervise criminal suspects.The third part is the analysis of the reasons for the application of the guarantee method for public security agencies pending trial.The article believes that there are mainly the following reasons: the orientation of the legislation on the guarantor pending trial is inaccurate;the public security authority decides that the guarantor pending trial has excessive power;the guarantor pending trial is in the form of a single entity;the legislation does not specify the maximum amount and margin of the margin,and the amount of the security deposit is determined.In many cases,the meaning of some of the standards is not known.After the deposit is confiscated,the design of the “straight-line” relief procedure is unreasonable;the meaning of the guarantor's conditions and obligations is not known;the public security authority punishes the guarantor for the difficult operation,and there is a lack of gradient on the punishment setting;There is a lack of supervision and communication mechanisms between and between different departments of the same agency;the law-enforcement concept of investigators is backward,and there is a lack of awareness of the protection of individual rights and the equality of applicable laws;the awareness of the rights of criminal suspects is weak.The fourth part is the basic idea of reforming and perfecting the way to ensure the guarantor pending trial.The article believes that: Legislation should position the guarantor pending trial as the criminal suspect's right,grant the criminal suspect the right to apply for bail pending trial and specific guarantee methods,and allow him to enjoy the right to judicial redress when he is dissatisfied with the security measures decided by the public security organs;The system is released,but the decision to deal with the release cannot be handed over to the court.The target audience is mainly the elderly,minors and people with good reputation.In the application process,modern science and technology can be used to establish an online platform and use QQ and nails.Wechat and other APPs require criminal suspects and defendants to sign in,implement location sharing,etc.;establish a guarantor system for off-site guarantors,target locals to work outside the country and provide floating population;allow them to provide guarantors in other places;establish a social guarantor system to village committees and neighborhood committees.Responsible for social organizations such as schools,enterprises,etc.,and for criminal suspects who cannot submit guarantors or pay no guarantee money,require criminal suspects to regularly report to social guarantors;further standardize margin guarantees and guarantor guarantees,specify margin amounts and caps,and clearly guarantee deposits.number Determined criteria;refinement guarantor conditions,improve regulations to ensure that the obligations and penalties;strengthen the supervision of the public security organs,improve the different organs,different departments of communication,coordination mechanisms;transition investigators ideas to improve people's awareness of the right to be released on bail.