Applied difficulties of conditions for bail pending trial and institutional solutions — seeking interaction between “facts” and “rules”

Abstract

In the domain of bail pending trial in China, there is a deep-cutting tension in bail pending trial between the practical conditions in judicial practice and the legal conditions established by legal authorities. Based on the data and information collected, this article investigates the conditions of bail pending trial in the aspects of rules and facts, and looks for an institutional solution to reconstruct the system of bail pending trial that can realize the interaction between the facts and rules.