An Empirical Study On The Enforcement Procedures Of The Public Security Organs On Bail Pending Trial

After the amendment of the Criminal Procedure Law in 2012,the scope of application of bail pending trial has been expanded.The bail pending trial has been used more and more widely in judicial practice,and has also been paid more and more attention by the society.Contrary to this,good legislative intention failed to achieve its expected function,and gradually received more criticism and negative comments from the community.As the key of taking root and bringing into full play of the bail pending trial system,the execution procedure is gradually deviating from the normal track under the guidance of unfavorable legal environment and interest factors.In judicial practice,the executive departments do not attach importance to the implementation of unscientific methods,implementation standards are not unified,the implementation of supervision is not in place,procedural safeguards alienated into substantive punishment,or even evolved into a "case digestion mechanism" and other phenomena are very prominent.Through empirical research,this paper explores the status quo of bail pending trial execution procedure in C city of S province,and analyzes the internal and external factors from the most prominent aspects in order to provide useful reference for improving the plight of execution procedure.The article is divided into five parts.The first part introduces the background,object,method and significance of the study.With the development of China’s criminal justice system,bail pending trial system has been controversial,mainly manifested in the judicial practice(executive procedure)and the legislative disjunction and alienation.In the context of social concern and universality of application,it is necessary to study this issue.Public security organs apply guaranteed pending trial measures accounted for an absolute proportion,and empirical research from the perspective of public security organs is representative and valuable.Taking J and Q districts of C city as samples,the above phenomena and questions were confirmed by data collection,chart analysis,investigation and interview.The second part: Show the overall situation of the public security organs in Q and J districts of C city in S province in the past two years(2016 and 2017),and select the amount of the bail deposit,the situation of bail and re-crime,the situation of transfer and prosecution,the situation of internal and external supervision,the situation of escape from bail on-line.Conduct specific research.The study shows that arrest is still the main means of applyingcriminal compulsory measures in the two places.In recent years,the application rate of guaranteed pending trial has been raised,accounting for about 30%,but it is generally low.Secondly,the specific amount of the deposit is determined comprehensively by the working experience and practice of policemen dealing with cases,generally between 2000 and 10000 yuan,involving cases involving mobile personnel.The amount of the deposit is relatively high in cases of injury with civil compensation and cases of infringement of property;the third is that the rate of withdrawal from insurance and the rate of recidivism reflect the effect of execution to a certain extent,accounting for about 20% of the cases in the two places;the fourth is that the rate of transfer and prosecution of the cases obtained from the two places accounts for about 80%,and the rest of the results include the transfer of public security punishment and withdrawal.Fifth,the results of 50 questionnaires show that the internal and external supervision of bail pending trial cases in the two places is stronger than in the past,but the way is still relatively simple and the discretion is not strictly restricted.Sixth,the public security organs have complicated affairs and have no time to send people to arrest the bail-outs,mainly through the Internet.The pursuit of escape is a passive pursuit.The third part: from the judicial practice of two places,we find several prominent problems in the execution procedure.Firstly,the phenomena of "probation on bail" and "probation on bail without investigation" are prominent.Research on four types of cases has proved that,after taking compulsory measures on bail pending trial,the investigative time of general criminal cases increases obviously,and the efficiency of handling cases decreases;secondly,it is difficult to implement in different places.From the point of view of the execution procedure of floating population bail cases,the decision organs and executing organs are determined.The phenomenon of disconnection is prominent,and the insured person who has been executed in different places is in the "blind spot" of supervision;third,the proportion of the cases of the people’s insurance has increased year by year,but the rate of the people’s insurance has increased accordingly.The reason is that the intimate relationship between the insured person and the guarantor can not fulfill their guaranteed obligations;fourth,the collection and forfeiture of the margin are different and arbitrary,and individual police Illegal use of power in the hands.The fourth part: explore the underlying reasons that restrict the implementation procedure of bail pending trial.First,the subjective level of the rule of law environment adverse factors,including the "power-based" values,interest-oriented limitations and theoverall lower quality of law enforcement subjects;second,the objective level of the legislative and judicial structure is unreasonable,highlighting the following: enforcement procedures mandatory inadequate,excessive discretion,weak supervision mechanism;It is an incomplete internal and external security system,which can not match the judicial practice in the aspects of police deployment,the establishment of department coordination mechanism,and the participation of social forces.The fifth part: According to the prominent problems found in this study,and the limited experience of the author engaged in public security work,put forward the reform road of bail pending trial execution procedure.Firstly,the relevant mandatory provisions are promulgated to clarify the deadline for handling cases pending bail;secondly,the cooperation between decision-making organs and executing organs should be strengthened,including clarifying the division of responsibilities,establishing information platform and exploring the establishment of specialized executing organs;and thirdly,the guarantor guarantee system should be further improved,including strict selection of conditions and exploration.Fourthly,it is necessary to standardize the procedures of collection and forfeiture of margin,which can be strengthened by applying the principle of proportionality,unified management of margin and setting up the procedure of hearing and relief for forfeiture of margin.