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Law Right To Investigate And Collect Evidence Of Criminal Proceedings

Posted on:2012-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:F W TanFull Text:PDF
GTID:2216330371454081Subject:Law
Abstract/Summary:PDF Full Text Request
Evidence is the lawsuit foundation. In criminal proceedings, evidence collection and crime cognizance of fact and the suspects identified, the criminal responsibility of the accused has decisive influence on Determination of. As a criminal suspect, defendant advocates, lawyers right of investigation and evidence collection lawyers play a role in the foundation, but also the realization of justice the necessary conditions, modern countries all attach great importance to the lawyer's right of investigation and evidence collection. Although our country relevant law on lawyers right of investigation and evidence collection are clearly defined, and further strengthen the trend, but the attorney to investigate the evidence collection in the legislation still has many limitations, and the judge, prosecutor's right of investigation and evidence collection are not equal, seriously affect the lawyer and play the role of the realization of judicial justice. In judicial practice, attorney to investigate the evidence collection is difficult to implement, said of an aged person. This paper tries to point, from the counsel's right to collect evidence in the comparative study of China's judicial practice attorney to investigate the evidence collection in legislation and practice predicament, put forward to perfect and improvement countermeasures.This paper is divided into four parts:The first part:the general theory on lawyers right of investigation and evidence collection are outlined, from lawyers right of investigation and evidence collection meaning, essence, features, analysis of the lawyers right of investigation and collection of evidence on the judicial justice and the rights of the parties to the importance of security.Part second:focus on foreign lawyers right of investigation and evidence collection of comparative analysis. The continental law system and Anglo-American law system countries lawyers right of investigation and evidence collection undertook comparative study, for our country attorney to investigate the evidence collection system reform provides comparative basis.Third part:from the lawyers law and the criminal procedure law and the relevant laws on lawyers right of investigation and evidence collection shall proceed analysis, the analysis of the problems:such as the investigation stage of lawyers right of investigation and evidence collection problems, lawyers right of investigation and evidence collection and the prosecutor's right of investigation and evidence collection of equivalence problem. The article thinks, our lawyers right of investigation and evidence collection in the legislation exist certain defects, which is the leading cause of attorney to investigate the evidence collection to one of the important reasons, but also reflects the Chinese legal environment are not mature.The fourth part:on China's attorney to investigate the evidence collection system reform and consummation to put forward countermeasure sex research. The article thinks, can from the following several aspects:the idea of reform is to amend the" Criminal Procedure Law", this is the perfect lawyers right of investigation and collection of evidence from the basic conditions, the angle of justice lawyers greater right of investigation and evidence collection, cancel unreasonable limitation; two is through the relevant law lawyer investigation of the starting time, investigation and remedial measures, improve the attorney to investigate the evidence collection procedures and rules, establishing the compulsory testifying system, establishment of lawyer's Criminal Defense Immunity; three is to strengthen legal construction to strengthen the social concept of rule of law nod the rights awareness.
Keywords/Search Tags:Criminal action, Judicial justice, The function of lawyer, Investigation and evidence collection
PDF Full Text Request
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