On Oct. 29th, 2022, a seminar on "The Development and Theoretical Reflection of the Bail Pending Trail" was successfully held online by the Research Center for Criminal Law Studies of Renmin University of China and Nankai University Law School, with the participation of experts and scholars from Renmin University of China, University of International Relations, Tianjin University, Shandong University, East China Normal University, Fuchi Law Technology Co., LTD (Beijing), and Nankai University. The conference was divided into two topics: "Arrest and the Bail Pending Trail" and "Development and Reflection of Bail Pending Trail in the Digital Era", which were chaired by Vice Professor Gao Tong from Nankai University Law School and Vice Professor Du Lei from Renmin University of China Law School. The conference was supported by the Laws & Regulations Database-Chinalawinfo and attracted more than 3900 people to watch online.
The opening ceremony of the seminar was hosted by Prof. Liu Jihua of Renmin University of China, and Prof. Chen Weidong of Renmin University of China and Prof. Song Hualin, Dean of Nankai University Law School delivered speeches one after another. Professor Chen Weidong pointed out that the proportion of misdemeanors crime cases has risen sharply in recent time, and the changes in crime patterns will lead to changes in the application of criminal coercive measures. In the context of the criminal justice policy of "Less Arrests and Cautious Prosecutions", the application of coercive measures in the future will be mainly in the form of taking bail pending trial. Prof. Song Hualin pointed out that there are still many questions about the system of bail pending trial to be studied, and hoped that this interactive exchange would promote the understanding of the system of bail pending trial and the corresponding theory, and wished the seminar to be held successfully.
The topic of the report by Vice Professor Sun Hao from Tianjin University Law School was "From 'Arrest by Accusation' to 'Arrest by Penalty'?" . Vice Professor Nie Youlun from East China Normal University Law School presented on "The Application of the Principle of Proportionality in Arrest Review". Vice Professor Du Lei from the School of Law of Renmin University of China presented on the topic of "Take the Bail Pending Trail into Right Consideration". Mr. Zhou Yu, General Manager of Fulchi Law Technology Co., Ltd (Beijing). presented on "The Practice and Reflection of the Bail Pending Trail".
In the commentary session, Professor Liu Jihua of the Law School of Renmin University of China first summarized and commented on the reports of the above four speakers and elaborated on two aspects: first, the legislative spirit and nature of the bail pending trial. The second is that arrest should be regulated in accordance with the and the function of protecting human rights by the bail pending trial should be fully played .
Vice Professor Gao Tong from Nankai University Law School presented on the topic of "Judgment of Social Dangerousness in Bail Pending Trial". Lecturer Kong Xiangcheng from the University of International Relations presented on the topic of "Research on the Supervision System of Bail Pending Trial". Duan Junshang, Assistant Researcher of Shandong University Law School, presented on "Digital Supervision of Bail Pending Trial". Duan Yiming, a doctoral student at the School of Law of Renmin University of China, presented on the topic of "Technical Paths to Resolve the Intrinsic Tensions of the Bail Pending Trial System".
In the commentary session, Professor Cheng Lei from the Law School of Renmin University of China commented on the presentations of the four presenters. Prof. Cheng Lei pointed out that the future exploration of the criminal justice policy of "Fewer arrests, More Cautious Prosecutions, and More Cautious Detentions" in the field of science and technology mainly includes two innovations, one is the "Non-restricted Code", and the other is the social risk quantitative assessment software.
Professor Yang Wenge of Nankai University Law School concluded the seminar. Professor Yang pointed out that arrest and bail pending trial are two sides of the same coin, and the status of arrest is too high in the current judicial practice, and in concept we should continue to insist on reducing the application of arrest measures. In addition, the following aspects can be considered to activate the application of bail pending trial to achieve a lower arrest rate: first, the selection of prosecutors responsible for approving arrests needs to be considered, second, the understanding of social dangerousness conditions can be strengthened through the issuance of guiding cases, and third, the accountability mechanism needs to be considered and improved.