A Research On The Criminal Defendants Rights Of Investigation And Taking Evidence

The criminal defendants rights of investigation and taking evidence refer to the accused and their close relatives and counsel in order to protect their legitimate rights and interests. It’s a right of investigation and taking evidence. In our nation, there are mainly two ways to implement the criminal defendants rights of investigation and taking evidence:to investigate and taking evidence, the application of investigation and taking evidence. The accused party is always being pursued in the criminal procedure, but they are not the object of action, they’re the main part of the action who can enjoy the right to defense and some other rights based on the defense part. For such a long time, our country paid less attention and protection of the right to defense, and lack of awareness of the defendant’s right of investigation and taking evidence, also lack of provisions in legislation. This paper is based on the analysis of the value of the accused the right of investigation and taking evidence, the prosecution the scope of the investigation evidence, defense lawyers’right and position in the progress of submit evidence and the protection of evidence, the legislation of taking evidence is also be discussed. The application of investigation and the right of taking evidence is mainly pointed out through the comparison of the foreign judicial system and the evidence preservation system. by eliminating the obstacles to improve the system of the application of evidence, and try to enrich the taking evidence system, to find the shortness by analyzing the current system. Base on the analysis and with my own suggestions. This paper is about to promote our country’s criminal defendants the right of investigation and taking evidence implementation.