保释制度的诉讼价值分析

Analysis of the Litigious Value of Bail System

诉讼价值是诉讼制度的灵魂所在;从程序正义、实体正义以及诉讼效率价值三个角度来看,保释制度既有科学合理的一面,也有其不完善的一面;但保释制度作为一项确认、保障被迫诉人人身自由的制度仍然是值得肯定和借鉴的。我国有必要借鉴国外的做法并结合我国实际,在现行取保候审制度的基础上确立科学规范的保释制度。

The litigious value is the soul of the litigious systems; by examining the litigious value of the bail system from three different angles including procedural ）ustice, substantive justice and litigious efficiency, it can be found that the bail system has much rationality as well as some imperfection; but it is still worth of using for reference so as to safeguard the freedom of the accused person. It is necessary to draw on the experience of other countries combining with our judicial practice and to establish a scientific and standardized bail system on the basis of the current guaranteed pending trial system.