| Summary: | 碩士 === 國立臺灣大學 === 法律學研究所 === 101 === Abstract
I wrote this paper is for purpose of discovering why United States used Bail System to avoid taking people into custody by studying the bail system of the United State. However, in the process, I found the most basic reason that the bail the system of United States may avoid taking people into custody effectively, will lie in that United States regards bail as the defendant''s right, the United State law radically safeguards the right from the constitution which the defendant will obtain releases on bail, will request the court not to have to deprive the defendant to release on bail the power willfully. Therefore, how does the court except have take to release the defendant as first to consider, does not have to enter willfully whether resists outside the ponder level which releases on bail, in considers whether resists when the defendant releases on bail, also must by the public prosecutor prove, the defendant has truly is unable because of to release on bail the system prevention to become a fugitive, to extinguish the danger which the card, violates again, the court can resist the defendant to release on bail.
However, with this relative, under our country law and not releases on bail the power the concept, and really, our country law by no means controls the court to be supposed first to consider defendant''s releasing on bail. The substitution method which in the American law calls “releases on bail” only is takes into custody which under our country''s method construction regardless of the defendant fords the crime which violates either light or heavy, the court first considers the reason and the necessity which whether there is the defendant does take into custody, and whether there is simultaneously considers in this time releases on bail the opportunity which the substitution takes into custody, releases on bail the system under our country law with to take into custody, and does not have the concept which first considers releases on bail.
Although the two are only the idea differences, but because of this idea difference, causes our country is take takes into custody as the principle, the exception becomes a fugitive when the defendant, the string card, violates the risk again not high, only then has the opportunity which obtains releases on bail, from this also grows, releases on bail is the defendant does not need kindness which takes into custody, but the non-right, our country law does not take in the personal freedom, the privacy, the property limit for this which because the defendant releases on bail possibly received. The most remarkable example, is our country law allowed the body for the defendant to the public prosecutor who makes for the decision which releases on bail, by the public prosecutor decided whether restricts, limits defendant''s personal freedom, the privacy as well as the property, this is violates the defendant to obtain the release seriously the right legislation.
Given that this paper namely take reverses our country law regarding to release on bail with the concept which takes into custody as an axle center, discusses the American Court operation to release on bail the system the concept, as well as how does it layer on layer limit the authority which judge resists to release on bail, whether there is discusses the American law presently to release on bail the method to be worth our country law imitation the place, hopes for takes advantage of this, integrity our country method releases on bail the system, increases the defendant to obtain the release in the trial process, avoid the opportunity which takes into custody.
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