The Research Of China's Criminal Prosecution Witness Appearing In Court System

In the course of the criminal suit, the right to investigate evidence is the basis of strong defense, the key pillars of procedural fairness, the most important aspect in the whole criminal suit. Although the right to investigate evidence are both stipulated in the code of criminal procedure and the lawyer law of our nation, there are still a lot of inadequacies. The purpose of this paper is to perfect the right to investigate evidence of the lawyer in our nation by expounding my own views, desiring that it can make some contributions to promote the development of our nation's lawyer defense system.In the first chapter, it expounds the concept and nature of the right to investigate evidence of the defense lawyer; pointing out that the defense lawyer's right to investigate evidence in our nation belongs to a typical power-type investigation. And briefly introduces the legislative history of defense lawyer's right to investigate evidence in our nation.In the second chapter, it analyzes the current situation of the foreign defense lawyer's right to investigate evidence, mainly select country representative from the civil law and Anglo-American law countries to analyze. Comparison of the relevant provisions of foreign lawyer to investigate, through research and analysis the stipulations of relevant provisions of foreign lawyer investigate, learning from their successful experiences to establish and improve the right to investigate evidence in our nation.In the third chapter, it sums up the stipulations of the defense lawyer's right to investigate evidence in China's legal, and then makes some certain evaluations on them. Mainly evaluates on the stipulations in China's existing laws of lawyer investigate, and pointing out the problems in that.In the fourth chapter, it proposes measures to perfect and ensure the defense lawyer's right to investigate evidence, such as entrusting the lawyer to the status of defenders identity; entrusting the defense lawyer enjoy the right to investigate evidence in the course of investigation; and perfecting lawyer's right to apply for evidence; perfecting lawyer occupational social environment, and to promote changes in social attitudes; perfecting the testify system of witness and other specific measures like the defense lawyer enjoys the criminal immunity system.