The Defense Lawyer Investigation Difficult Problem Research In China

In criminal proceedings, the joined parties are focused on the collection of evidence, judgment and application deployment. The defense lawyers involved in the significance is that they can use the super legal knowledge and flexible skills, to help the suspect, the defendant elution suspects, to help the judges understanding of the truth of the case, apply law correctly, make a fair judgment. Achieve the purpose of the pursuit of the criminal law to punish crime and protection of human rights.If the defense lawyer’s right to investigate and collect evidence may not be fully achieved, will not be able to achieve the protection of criminal suspects and defendants, the purpose of legitimate rights and interests. Although our country’s Criminal Procedural Law, the Lawyers Law and the relevant judicial interpretations are clearly defined lawyer enjoys the right of investigation and evidence collection, but there are still many shortcomings, which need to be solved urgently.The full text is divided into four parts, a total of nearly thirty thousand words.The first chapter described the difficult situation of China’s defense counsel investigation and evidence collection, the resulting defense lawyers right of investigation and evidence collection due to weak cause the imbalance, effect of procedural fairness, it is difficult to ensure the substantive justice.The second chapter analyzes the reasons for the difficulty of investigation and evidence collection of China’s defense lawyer, is mainly caused by the lost of the legal concept, legislative defect and procedural mechanisms operating in the system.The third chapter introduces foreign defense attorney to investigate the evidence collection of basic experience, mainly from the common law and civil law countries. Defense counsel investigation and evidence collection requirements in contrast to foreign legislation, in order to constantly improve the right to investigate and collect evidence of China’s defense lawyers to learn from successful experiences.The fourth chapter to face the difficult problem of China’s defense counsel investigate and collect evidence to put forward solutions envisaged, such as in the stage of investigation, in the form of law stipulate counsel enjoyed by the investigation and evidence collection rights; in the stage of review and prosecution, defense attorney’s investigation evidence collection for the right to make new regulation; and the relevant mechanism perfection.