我国取保候审制度法律规定若干问题研究

取保候审制度具有人权保障、诉讼保障和诉讼效益等功能,已经广泛适用于我国司法实践。取保候审制度目前存在着决定主体自由裁量权过大、保证金数额规定不科学、期限规定不合理、缺乏有效的监督制约机制、缺少相应的法律救济程序等问题。欲完善取保候审制度,需要明确取保候审的适用条件,规范保证金的收取数额,明确取保候审的审查期限,加强对取保候审的监督制约,完善取保候审的救济程序。

Studying on Several Problems of the Provisions of the Laws Guaranteed Pending Trial System of China

The bail system has the following functions such as human rights protection, litigation support and litigation efficiency, which has been widely applied in the judicial practice of our country. However, the bail sys- tem of our country has a lot of problems, namely, the decision of the main body has too much discretion, the stipu- lation on margin amount is not scientific, the term is not reasonable and there is short of supervision and restriction mechanism and corresponding legal relief program. In order to improve the bail system, we need to make clear the applicable conditions of bail, specification of margin amount, determine bail period, strengthen the supervision of guarantor pending trial system and perfect the remedy of bail system.