On Evidence Collection In The Criminal Investigation

The lawyer's right to inquiry and obtain evidence for the criminal proceedings is an essential part for the procedure justice. And it is also the most important stage for the whole criminal proceedings. Though the Chinese laws have already give the lawyers this right to certain degree, this doesn't suit the need for protecting the lawyer's right and realizing the value of criminal proceedings of our country. The new 'law for the lawyers' has made some change on the right to inquiry and obtain evidence, while there is still much room for its improvement. The title of this paper is 'the lawyer's right to inquiry and obtains evidence in the criminal proceedings'. The paper will, on the basis of the new law for the lawyers, discuss the right from three prospectives in detail. The paper also puts forward some thoughts on perfecting the right.The first part of this essay is a thorough analysis for lawyers' investigation right. First, It analyzes the importance of lawyers' investigation right, mainly from the value of the of innocence presumption, protection of human rights and the procedural justice. Second, it analyses the necessity of the lawyers' investigation right, like:it helps to identify the real fact; it contributes to the smooth development of the lawyers' defense; it's good for efficiency of the proceedings. Third, it analyzes the legislation for investigation in China and other countries and what we get from the foreign legislation.The second part of the body discusses main problems which layers meet in the investigation, focusing on shortcomings and reasons from legislative and judicial aspects.The third part of the body gives more reform proposals to improve the criminal investigation. For the contradictions between "Criminal Procedure" and the new "Lawyer Law", it conducts a detailed system of defense counsel. The part of the system is designed to take full account of the special circumstances and judicial status of our country, so that the designed system can be brought into effect feasibly.Finally, it gives the summary that in criminal proceedings lawyers should be given full investigative power. Hope superficial view of this article can be beneficial to China's future legislation.