| The lawyer’s right of evidential investigation is the lawyer’s affordable litigation rights granted by the "Attorney Law" and the " Code of Criminal Procedure ".The meeting right, reading right, taking of evidence right and so on in the "Attorney Law" in2008have obvious breached the provisions of the "Code of Criminal Procedure" in1997.The" Code of Criminal Procedure "in2012made more specific provision in the counsel’s basic rights such as meeting right, reading right, taking of evidence right, and authorized lawyer as a defender get involved in the case in advance to expand the lawyer’s evidence collection rights. But defense lawyer investigation still exist many problems. A lot of restrictions was made by law to defense lawyer investigation, such as too abstract in many law regulations, no the right of investigating evidence in the detection procedure, too abstract in the rule of defense lawyers right of investigation. In addition, the "hard evidence" is a challenging issue in the defense lawyers practice. To perfect the system of defense lawyer obtaining evidences is the inevitable developing trend of criminal proceedings. To give a defense lawyer in criminal investigation phase of investigation rights, perfect the system of defense lawyers to interview the criminal suspect, establish defense lawyer investigation system, further improve the system of witnesses to testify, establish the defense lawyers of criminal immunity system, and realize the right of defense lawyer investigation in the judicial process not only have academic significance, but also practical value. |
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