1, the bail system has an important function of protecting rights. In criminal proceedings, the detention of criminal suspects is certainly conducive to ensuring the smooth progress of the proceedings, but at the same time, we should also see that detention, as the most severe coercive means, will cause serious violations of human rights, so it is a very dangerous system.
2. Another advantage of the bail system lies in saving national resources. The detention of criminal suspects by public security organs needs a lot of manpower and material resources as a guarantee. For a developing country like China, it is not an optimal choice to invest a lot of limited funds in the construction of detention centers.
3. A large number of criminal suspects are detained together before trial, which will inevitably lead to cross-infection of criminal habits. Those criminal suspects who are subjective and vicious and may even be innocent have subtly changed their minds because they are locked up with recidivists and recidivists, which undoubtedly violates the original intention of educational reform.
Disadvantages of bail pending trial system;
1. The decision to get bail pending trial is arbitrary and lacks mutual restraint. Article 50 of the Criminal Procedure Law stipulates: "The people's courts, people's procuratorates and public security organs may, according to the circumstances of the case, summon criminal suspects and defendants to obtain bail pending trial or to monitor their residence."
The decision to obtain bail pending trial is arbitrary and lacks mutual restraint, which also violates the principle of division of responsibilities, mutual cooperation and mutual restraint of public, procuratorial and legal organs stipulated in the Criminal Procedure Law.
2, the provisions of the conditions for the use of bail are vague. The criminal procedure law stipulates exactly the same applicable conditions for bail pending trial and residential surveillance, which makes the legal provisions on the applicable conditions for bail pending trial obviously vague. Due to the lack of clear and objective judgment standards, it is often based on the subjective judgment of the case handlers, and its conclusions are inevitably subjective.
3. It is difficult to effectively restrict the behavior of criminal suspects and defendants who are released on bail pending trial. The current criminal procedure law stipulates that the form of bail pending trial is guarantor guarantee or bond guarantee.
Extended data
Compared with foreign bail system, China's bail pending trial system has its own characteristics. According to the provisions of the Criminal Procedure Law, bail pending trial means that in criminal proceedings, the three organs of the Public Security Law order the criminal suspect and defendant to put forward a guarantor or pay a deposit according to law to ensure that the criminal suspect and defendant do not evade investigation and trial.
This kind of compulsory measures can not only prevent criminal suspects and defendants from being detained, but also enable them to take care of their families or engage in their original work and labor, and do some useful things for the society. It can also make them feel the concern of the state and society, and can also reduce the state's expenditure on the life and management of prisoners, thus reducing the work pressure of the detention center.