| The pre-court proceedings as an intermediate procedure for the pre-trial and trial proceedings under the Law of Criminal Procedure that modified in 2012,but since the New Law of Criminal Procedure has enacted,the implementation of the pre-court proceedings is not successfully,a part of researcher think that of the pre-court proceedings make the trial proceedings smoothly,make the efficiency and quality of the trial proceedings highly under supervised,but another part of researcher claim that the matter resolved is not cleared,the trial proceedings haven’t function.This paper claims that pre-court proceedings can improve the efficiency and quality of the trial,safeguard the defendant’s rights,and make the trial more fair and just.The thesis has selected two cases in minority primary area with the form of cases.From January 1,2013,before the implementation of the Criminal Procedure Law until August 1,2016,all criminal cases were held pre-court proceedings as thesis of the object of study.The primary courts in this period only held three pre-court proceedings,the first is the economic fraud cases;the second is involved many defendant’s fight against in the case;but I did not get the third case,because the case has been appealed to intermediate court in the M city.This paper is divided into three parts,the first part details the application and insufficient of pre-court proceedings,explains the shortcomings of pre-court proceedings from the theory and practice;the second part details the pre-court proceedings from the theory and law,explains the law form of pre-court proceedings,accounts for the law form of pre-court proceedings in advantage and shortcomings;the third part analyzes the application situation of pre-court proceedings in the practice,and from the theoretical and practical dimensions of pre-court proceedings finds problems,and puts forward the measures to solve these problems.Finally,I conclude measures and suggestions for pre-court proceedings. |
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