对我国取保候审制度之思考

Thinking on System of Undertake Recognizance upon Bail in China

取保候审制度是一项具有中国特色的强制措施。分析该制度在立法和司法中存在的问题以及如何正确理解和适用该制度,并就完善该制度提出建议,是我国刑事诉讼理论界和司法实践需要探讨和研究的重要课题。

The undertake upon bail has been always stressed as the property of forced measure in criminal proceeding, and then, it is neglected that the undertake upon bail is an important right to the criminal suspect or the accused hold in custody. In this paper, the problem of the system in legislating and justice is analyzed and a few of suggestions on how to consummating undertake recognizance upon bail system are perfected.