The Bail System in China
The bail system in China is different from that in the western legal system to a great extent. In nature, the bail in China is a police power while the bail in the western legal system is a fundamental right of suspects.
In China, a suspect who has been arrested and placed under detention, his family members, or an attorney may apply to the police authority to grant a bail. The police authority will review the application and will not grant approval unless the legal requirements are satisfied and a specified amount of bail money is paid. This means that the application for police bail is subject to approval of the police authority at its sole discretion and the suspect has no relief if the application is denied.
In order to maintain the validity of the bail, a suspect who is out on bail shall not enter specific premises, meet or communicate with specific persons, engage in specific activities, etc., and shall surrender his inbound/outbound travel permit and driver’s license to the bail authority.
In case of his violation of such provisions, he will lose his right to recover all or part of his bail money paid, and will be ordered to submit a recognizance or pay additional bail money, or will be placed under surveillance or even arrested.
