试析取保候审的适用

A Brief Analysis on the Applicability of Obtaining a Guarantor Pending Trial

取保候审在司法实践中,由于客观上立法的不完善和公安机关办案人员主观错误等,使得取保候审在适用上严重违背了法律规定,滋生了司法不公和司法腐败现象,影响了诉讼活动的正常进行,有必要借鉴外国的保释制度对取保候审进行改革。

In the judicial practice, owing to the faultiness of legislature and the errors of subjective made by police officers in handling a particular case, the applicability of obtaining a guarantor pending case is likely to breach the legal rules thus breed injustice and corruption. Consequently, some of the lawsuit activities were off the rail. Therefore, it is necessary to reform the current system by drawing lessons from other nations.