The Research On The Lawyers’ Right Of Investigation And Collecting Evidence In China

Right of the defendant is the procedural rights of the people. The law oncriminal procedure law makes specific provisions on the rights, the new law onamendment of the Bill of lawyer was the right to defense counsel to be expanded. Inthe rights of the defence, investigation was defence counsel the right to exercise theduties of Defense Foundation. It is still very fuzzy that which stage of criminalproceedings lawyers has the right of investigation and evidence, but I believe that theright to defense counsel of investigation to detect early stage will be more conduciveto the maintenance of the rights of the defendant.To have the ability to contend for the prosecution in the course of the hearings,It is an absolute prerequisite for defense counsel to have the full set of evidencebefore the Court. If the defence did not have evidence of innocence, it is not possibleto compete with the prosecution. Let alone to persuade the judges to adopted theparty’s lawsuit argued, so that effective defence principle will be difficult toimplement. In my view, equality of prosecution from the inner " power--right "configuration, It should include armed equality and equal protection. Equal armedoften function as a legislative requirement, create the conditions for prosecution anddefence in achieving equality; equal protection as a principle of Justice, has laid thefoundations for the realization of equality of defence and prosecution. It can be saidthat armed equality is a substantive equality, and equal protection is embodied in aformal equality.Although the code of criminal procedure and the bill on lawyer have a morespecific provisions for defence counsel’s right of investigation and evidencecollection, but in reality the right of exercise is also faced with great difficulties. Byanalyzing the experience of Western rule of law, combining with the realities ofChina, I have proposed three corresponding improvement proposals for The right tocompulsory process， Related rights，Witness systems，the right to apply forinvestigation and risk prevention.