Criminal Law Protection Research Of Defence Lawyer's Investigation Right

Defence lawyer's investigation right is a important guarantee that a lawyer realizes their own defense power and the defense functions, and has much to do with the development and perfection of the lawyer system. To protect the defence lawyer's investigation rights is necessary for the realization of the enlightened litigation, embodies the system value of investigation behavior. As our country's benefit protection law, criminal law to protect defence lawyer's investigation right expresses the maintenance about the criminal suspects, defendant's litigation subject status. But, according to our country present related law, the difficult question is prominent among the evidence collection voluntarily or not, meeting and reviewing case files and documents. Our written of the trial judge way will add risk to defence lawyer's investigation. According to"The Criminal Law"article 306 ,not only does not protect the right of defence lawyer's investigation, but also even sets"head hanging sword"above the lawyer and makes the lawyer"dancing with fetters". Defense lawyers can't implement investigation behavior."The lawyer's law"and"The Criminal procedure law"provisions conflicting causes that the relevant agencies and individuals intervene in the lawyers' investigation. Defence lawyer's investigation right is disoriented. Therefore, it is necessary to protect our lawyers' investigation right from criminal law. To reference the foreign practice experience about the defense lawyer criminal law protection, we will add the right of defense lawyer immunity to boycott"The Criminal Law"for 306, regard the lawyers' investigation right as proper business behavior to resist its illegality. Hindering the lawyers' investigation behavior will be as aggravating punishment explicitly stipulated in the plot. we will guarantee the lawyers' investigation right not to be violated at the level of"The Criminal Law". Meanwhile, we will be dedicated to the perfection of"The lawyer's law"and"The Criminal procedure law"provisions, fundamentally ensuring the implementation of defense lawyers' investigation.