The Criminal Investigation Lawyer To Meet, Scoring, Investigation Of Evidence Difficult Problems And Countermeasures

Lawyer meet the difficult, marking difficult and investigation of evidence difficult problem, it is to point to a lawyer in criminal lawsuit activity, the lawful practice meeting with the criminal suspects and defendants, consult books materials, in accordance with the investigation of evidence encountered many difficulties and restrictions. The criminal litigation law of the People's Republic of China and the supreme people's court, the supreme people's procuratorate, ministry of public security six ministries and commissions such as "about criminal procedural law in the implementation of the provisions on some issues are stipulated the lawyer in criminal lawsuit enjoy meeting with power, the marking right and investigation and evidence collection right, this is an important practice law endows the lawyer rights, it is the basic guarantee lawyers perform their duties. However, since these provisions comparison principle and abstraction, therefore,in the application process produced many problems, the most outstanding lawyer's right is met, marking right and investigation and evidence collection right cannot get feasible safeguard, which has produced a lawyer's practice sanatoriums problem.Sanatoriums problem manifests in investigation phase lawyer criminal lawsuit activity, the lawful practice involved in meeting with the criminal suspect and consult books materials, in accordance with the investigation of evidence encountered many difficulties and restrictions. Sanatoriums problem seriously damage the judicial organs and juridical team of image, Cause lawyer participating criminal action more difficult, practicing risk is big, contusing badly a lawyer to handle criminal case's enthusiasm. Dispelling sanatoriums problems would be in favor of strengthening function of the ensured human rights, To realize the principle of presumption of innocence, To control divides balance, Through proper procedures to achieve substantial justice. In reference to protect lawyer "foreignfiction powers" advanced based on the experience, we should start with improving the relevant laws, On the current judicial administration system reform, Formulate concrete lawyer relief system and establishing an effective supervision system in dispelling "three difficulties in authorship" problems.