The Study Of Regulatory Mechanism Of The Released On Bail

High detention rate has always been a prominent issue in China’s Criminal Activities;regulatory mere formality after the suspect and the defendant were on bail is also a chronic illness;the rights of the party who was released on bail are also infringed.There are many reasons for these phenomena.In the institutional level,the problem of the bail regulatory mechanisms is an undeniable and important reason.And the deeper reason is released on bail regulatory measures in the legislation and practice did not get the attention they deserve.Regulatory measures are the core content of the released on bail regulatory mechanism.Prior to the entry into force of the Code of Criminal Procedure in 2012,the law has fully provided the content of the released on bail regulatory mechanisms without the regulatory measures.The Code of Criminal Procedure of 2012 changes the content of this mechanism significantly,and place regulatory measures to stay and rich them.Through the change of the legislative attitude,we can see the lawmakers’ determination that they aimed at resolving the problem of high detention rate and protecting the person’s human rights who was released on bail.Any coin has two sides,and the content of released on bail regulatory measures is no exception.Their roles in the regulatory process are worthy of recognition,but limitations they face also need to be improved.The purpose of this writing is through the analysis of the regulatory measures in the released on bail regulatory mechanism,giving little advice for problems which may exist,and wanting to be able to play a role in promoting the perfection of the bail regulatory mechanism.This article is divided into four parts,and has thirty thousand words without the introduction and conclusion.The first part is an overview of the regulatory mechanism of the release on bail of people.Contents of this mechanism are not equivalent to the entire contents of the bail system.It mainly includes released on bail regulatory body,regulatory object,regulatory and supervisory measures.By combing the course of development of the released on bail regulatory mechanism from the ancient to the modern,the attention and improvement of regulatory measures is a major highlight of this mechanism.This change provides a legal basis for the operation of the regulatory mechanism,and also points out the direction for the practice regulatory activities of released on bail.However,in order to fully protect the effective functioning of the regulatory mechanism,rational view of this change is still necessary.The second part is the application of the injunction.Firstly,the article has combed the basic theory of the prohibition order which mainly include two parts:the basic content of injunction and the analysis of the injunction in the Code of Criminal Procedure and the Criminal Law.Secondly,according to the characteristics of injunction and the lessons of the injunction in Criminal Law.the article points out some problems that may exist in a specific application process:the injunction has the risk of a "one size fits all" in the specific use of the process,the Content may not standardized and infeasible,and there are two extremes in the specific implementation.Finally,in response to these potential problems,the right authority can reduce risk in the following areas:when determine to use prohibition order as well as determine the contents of a prohibition order,the authority should pay attention to the principle of necessity,execution of the executive organ and the acceptance of environmental soil.Prohibition order is a new thing,and lacks of practical experience and appropriate reference standard,so authorities can play the role of case guidance system.To achieve the content of a prohibition order,the regulatory body needs to regulate with the necessary electronic surveillance measures.The third part is about the application of other released on bail regulatory measures.To achieve the injunction needs to rely on more specific regulatory measures,the binding force of other regulatory measures in law is rather weak,and they can not regulator people effectively who was released on bail,so the regulatory body must take more measures compatible with the aforementioned measures.Measures that can be taken include:using the"periodic reports" and "random sampling" measures in combination,the introduction of electronic monitoring tracking type,technological means of communication monitoring without involving communication content,sampling communication record in the case of science and technology does not allow,building repository concerned about those who were released on bail and give community members the right to know,and being full access to the support of the regulatory power parties.The fourth part deals with the problems of supervising the implementation of released on bail regulatory measures.The regulatory measures no matter how perfect also need the principal to implement.However,because power has natural expansion,in order to ensure that regulatory measures can be performed correctly and the regulatory power of the regulatory body is not abuse,we must pay attention to the supervision of the implementation of regulatory measures.This implementation supervision consists of two aspects:Firstly,launch various supervisory forces implement external monitoring to the implementation of regulatory measures;secondly,deal with the regulatory acts that have infringed parties’interests by running the regulatory responsibility mechanism.