| It is a problem that theory and practice influence each other constantly on the application and perfection of the public security organ obtaining bail pending trial.The criminal procedure law of the People’s Republic of China(hereinafter referred to as the "criminal procedure law")has been amended for three times,and the system of obtaining a guarantor pending trial has been constantly revised.Papers selected C district of C city,J province public security organs to obtain a guarantor pending trial applicable conditions as data sample,use manual statistics,and civilian police discussion,questionnaire survey,through data,tables,illustrations,points out the public security organ is used to obtain a guarantor pending trial in suitable conditions,guarantee way,relief program,implement supervision and so on important problems,some problems still exist.By using empirical analysis and theoretical deduction,this paper analyzes the causes of the problems,and tries to put forward a method to solve the dilemma of the public security organs’ application of obtaining a guarantor pending trial by means of gradual reform,and realizes the guidance of judicial practice by feeding actual practice with theory..The applicable conditions for the public security organ to obtain a guarantor pending trial.Due to unclear legislation,lack of operability,use "can" type applicable conditions,judicial interpretation and department regulations on the application of conditions for the bail pending trial standards are different,although the bail gives the public security organ is very wide discretion,but there is no uniform and specific discretion standard to match it,lead to the public security organs in inevitably exist deviation is used to obtain a guarantor pending trial.This paper analyzes and puts forward the " social risk assessment system" and the tentative idea of applying the prohibitions,establishes the exemption system of applying the risk liability of obtaining a guarantor pending trial,strengthens the scientific standard for the application of obtaining a guarantor pending trial,and reduces the liability risk for case handling personnel to decide the application of obtaining a guarantor pending trial.On the public security organs to obtain a guaranty pending trial mode.The application of guarantor guaranty is limited,the selection and appointment is lack of standard,the guarantor’s right guarantee is lack and the guaranty liability system is not strict.The amount of deposit lacks the unified scientific confirmation standard,and the guarantee procedure is tedious.It is suggested to expand the scope of guarantors,clarify the criteria for selecting and appointing guarantors,clarify the rights and obligations of guarantors,and stipulate the means and specific measures for guarantors to perform their obligations.It is suggested to determine the calculation standard and upper limit of margin amount and simplify the procedure of margin guarantee.On the public security organs to obtain bail pending trial of the relief procedures.To obtain a guarantor pending trial system although objectively with a certain function of human rights,but is designed to locate for the public security organs prosecuted crime of a power,and the legal provisions on bail relief program is not perfect,it lacks the remedy means for the party against whom the prosecution is prosecuted to refuse to accept the decision made by the competent authority not to grant bail pending trial and to refuse to accept the execution measures for granting bail pending trial.It is suggested to improve the relief procedure on the basis of strengthening the supervision mechanism of the decision of bail pending trial,to add a hearing procedure to the procedure of obtaining a guarantor pending trial,to grant the party against whom the case is prosecuted the right to review and review the relevant decisions made upon obtaining a guarantor pending trial,and strengthen the supervision work of the public security organ on changing and releasing the procedure.Supervision and administration of the execution of the public security organs upon obtaining a guarantor pending trial.Due to the lack of legislative level,to obtain a guarantor pending trial execution organs in less people,funding is limited,is to obtain a guarantor pending trial of the absence of family,school,unit,community support,there is no effective safeguard mechanism,is to obtain a guarantor pending trial law awareness deviation of the owner,the surety shall not guarantee obligations,the above factors lead to the poor regulation to obtain a guarantor pending trial.It is pointed out that a supervision system should be established based on the supervision carried out by public security organs with the participation of various social forces.Electronic monitoring technology can be used to supervise the insured pending trial,and A network information platform for the supervision of guarantors pending trial should be established,it is suggested that the legal responsibilities of guarantors and guarantors should be clarified according to different situations. |
