保释制度与取保候审之比较研究

The Comparison between Bailment and Bailing Await Trial

国外的保释制度是指对被羁押待侦查或审判的人提供担保,保证按照指定的日期出庭,并履行必要的手续后予以释放的制度。取保候审是刑事强制措施的一种,是国家警察权和司法权的体现。完善我国取保候审制度,更有利于保障犯罪嫌疑人、被告人的合法权利。

Bailment system is a system, in which, the detained - men waiting for investigation or trial offer surety to assure them appear in court on time, and after essential procedure, the detained - men will be released. Bailing await trial is one of the criminal compulsion measures and the embodiment of state police authority and jurisdiction. In this paper, the difference between bailment system and bailing await trial system is given under the bases of analysis and comparison, and this may be helpful to the reform of bailing await trial system in our country.