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我国的取保候审制度从司法实际情况来看,适用率非常低,其中有些规定还不是很完善,并且在司法工作人员执行取保候审制度过程中也出现了一些问题。笔者从司法实践中存在的问题出发,通过对我国现行的取保候审制度的归纳,反思我国取保候审制度存在的缺陷,并指出我国刑事司法改革向科学化、民主化发展的基本目标是保障人权。
In our country, the bail pending trial system has very low application rate from the judicial actual conditions, some of which are not yet perfect, and some problems have appeared in the process of the bail pending trial conducted by judicial staff. Based on the existing problems in judicial practice, the author reviews the current system of bail pending trial in China, and reflects on the shortcomings of the system of bail pending trial in our country. It also points out that the basic goal of our criminal justice reform toward scientific and democratization is to protect human rights.