| Evidence is the basis for all types of litigation and the core, the so-called legal activities,is provided around all kinds of evidence collection, evidence, cross-examination, certification and other activities carried out and expanded; in criminal proceedings, the prosecution and the defense in the Taking of evidence and application, we should reflect the functions of public prosecution and criminal indictment of suspects,defendants and defense counsel is a unity of opposites between the functions of the dialectical relationship.In fact, our system of criminal procedure in the proof of evidence prevailing in both defense and prosecution rights of proof, right to information and other aspects of the case not so,the courts often are off the wagon of the state and so on. These phenomena demonstrate the defense of our Lawyer increasingly prominent defects in the legislation, has seriously affected the implementation of the functions of the defense lawyers,but also hindered the defense counsel on the merits of the equal right to information and investigation realization of the right to achieve justice judicial reform objectives empty talk. Therefore, legislative reform and perfect the system of defense counsel, the right evidence is imperative."Stones from other hills may serve to polish jade" foreign defense systems Lawyer legislative experience, should be complete and the rebuilding of our defense systems Lawyer learn. The world today, common law and civil law in the defense systems Lawyer difference is mainly determined by the characteristics of criminal procedure system. Of the two legal systems on the defense Lawyer compare the merits of the length of our defense system of Lawyer is important legislation and improve.This essay combines the foreign legislation and judicial practice,used by the prosecution and the defense of our country adversarial trial means for the entry point to existing laws and regulations to give defense lawyers had the right to investigate and obtain evidence and existing defect of the main line,the right to investigate and obtain evidence from defense lawyers exist legitimacy, reasonableness, necessity, to discuss defense issues of Investigation. A total of four-part article:Part I:the right to counsel investigating the basic theory of evidence.In this section, evidence of the right to counsel explained the meaning and connotation, discusses the right to defense counsel investigating the nature and characteristics of evidence, from the prosecution and the defense of checks and balances, due process,presumption of innocence, protection of human rights in four areas exist on the legal rights of the legal evidence basis to explore, demonstrate the legitimacy of its existence under. Part II:major countries and regions on the rights of defense Lawyer legislation. In this section, in the study of the International Convention on Human Rights Lawyer on the basis of the basic requirements, were investigated Britain and the United States as the representative of the common law and in Germany, France, Japan, represented by civil law countries on Lawyer rights.Through comparison and analysis,identify the national legal systems in the legal right to investigate and obtain evidence of specific requirements, as well as between these systems and the legal structure of the link with what, in co-ordination of legal structure in order to evidence of China's defense lawyer right system building to provide inspiring ideas. Part III:My status Lawyer,legislative requirements and defects.Combined with defense counsel present, China enjoys the rights of investigation and evidence collection, and obvious defects,from many of the current system of our country the right to defense counsel evidence and protection mechanisms in the system-level problems in the aim of further evidence to explore the right to defense counsel system in system level and security problems in source mechanism is proposed to solve the problem from the legislative viability of scheme and strategy. Part IV: Rights Lawyer in China defense system of Perfection. Combined with China's current defense system and the Lawyer Council of defects and deficiencies, improve the ideas and suggestions put forward legislation. A total of five aspects of the legislation from the sound of specific ideas.First, the requirements under the new law gives lawyers attorney full power of investigation; Second, to protect defense lawyers the right to full and complete meeting, marking the right; Third, to establish defense counsel investigation system;4, perfect legal system, witnesses;V. establish the immunity system of criminal defense lawyer.The innovation of this paper has the following two points, one on the defense system of Lawyer legislation issues, I think that there is no need for an independent "Criminal Evidence Act",should be amended as soon as possible in our country, "Criminal Procedure",in "Criminal Procedure" inside "the defense Lawyer" section; Second, protecting the right to defense counsel investigation to achieve the complete system, that is in the "Code of Criminal Procedure" established in the criminal defense lawyers in China exemptions.
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