| Lawyer’s right of investigation and collecting evidence is a basic right for lawyers topractice law, which not only provides legal ground for lawyers to practice law at legislationlevel but also encourages lawyers to conduct legal business at practice level. Only iflawyer’s right of investigation is guaranteed, will the function of safeguarding law andsocial justice of lawyers be brought into full play, and that is fundamental to achieveharmonious development and be a country ruled by law. However, lawyer’s right ofinvestigation and collecting evidence presently is restricted in many ways, which limitslawyers’ function in legal practice. Therefore, studying lawyer’s right of investigationcomes to be a necessity. This paper attempts to study lawyer’s right of investigation fromthe angle of theory and practice, and proposes means to perfect the system on that basis.This paper consists of four parts. In the first part, the writer, starting with thedefinition and nature of lawyer’s right of investigation and collecting evidence, studies andinvestigates the evolution of lawyer’s right of investigation so as to restore the true featuresand value function of the right; in the second part, the paper gives a full and detailedpresentation of lawyer’s right of investigation, taking the legislation status quo as a cuttingpoint analyzes the problems existing in the execution of lawyer’s right of investigation, andmakes personal proposals to perfect legislation; in the third part, this paper further probesinto the underneath theoretical basis of lawyer’s right of investigation including justicebasis, litigation basis and origin basis; in the fourth part, this paper, basing on the abovesaid analysis, attempts to give a solution to the mentioned problems, that is, perfecting thesystem of lawyer’s right of investigation from the angle of legislation perfection,supporting system perfection and inspection so as to realize the functional value oflawyer’s right of investigation in social justice. |
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