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Discussion On The Right Of Investigating And Collecting Evidence For Defense Lawyers

Posted on:2013-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:P Z LiFull Text:PDF
GTID:2246330374483272Subject:Law
Abstract/Summary:PDF Full Text Request
As the construction of China’s legal system steps up, the concept of protection of human rights has got strengthened, as a result, some provisions of the current criminal procedural law can’t meet such needs of protecting human rights as the right of investigating and collecting evidence for defense lawyer especially. The main shortcomings of provisions about defense attorney’s right to detect and collect evidence set down in criminal procedural law are those as follows:investigation right of defense lawyers in the investigation stage isn’t explicitly set down in the law, the exercise of investigation right is limited by the defendant lawyers document reading and the right of meeting under the criminal procedural law, although empowered to apply for investigation, defense attorneys are prevented from exercising the right in judicial practice due to the vague rules and vacancy of provisions in protecting witnesses, and so forth.The right of investigating and collecting evidence for defense lawyer is necessary for lawyers’ sufficient defense, without which, the defence lawyer would act as soldiers who got no arms and it would be difficult for the system of defence to play a perfect role in the criminal procedural. Consequently, it’s rather imminent to constantly improve defence lawyers’ investigation right.The paper is mainly divided into several parts to discuss the issue of investigation rights of our country’s defense lawyer as follows. The first part of the paper is about the theoretical discussion of the defense’s lawyers’ rights of investigating and collecting evidence. This part mainly states the meaning, the legislative source in our country, the theoretical background, the character and the importance of the research about the defense lawyers’ investigation rights. The second part chiefly introduces the situation of defense lawyers’ investigation rights in countries practicing the adversary system, the inquisitorial system and mixed action by giving examples of United Kingdom, U.S.A, Germany, France, Japan and Italy. And the third part is about the current situation of defense lawyers’ investigation rights in our country. This part is constituted of two sections, the constraints of law and practical obstacles in elaborating the current shortage in our country of defense lawyers’ investigation rights. On the basis of comparing the difference of Chinese and foreign countries’ defense lawyers’ investigation rights, the fourth part of this paper mainly puts forward some suggestions to perfect the defense lawyers’ investigation rights on the foundation by researching the shortages of investigation rights and taking examples of foreign experience. And this paper takes vision of the future about defense lawyers’ investigation rights in our country in the end.The purpose of the essay is to draw relevant authorities’ attention to defense lawyers’ investigation right through the description of current dilemma in which the right stuck. The question discussed about concerns not only citizens’ legitimate interests, but also the image and future of a state. Only when the right of investigating and collecting evidence for defense lawyer is fully guaranteed, can cases be checked clearly, human rights be assured, justice and dignity of the legal system be safeguarded, and both democracy and rule of law of the country step onto a new stage.
Keywords/Search Tags:Defense lawyer, The right of investigating and collecting evidence, Situation, Improving
PDF Full Text Request
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