Empirical Study Of The Right To Counsel Investigation

Right to defense is a fundamental constitutional right of citizens. Right to counsel is a lawyer in criminal proceedings under the law to provide legal assistance to the prosecution of a right person, the right to investigate and collect evidence as its core power is an important way to understand the case of defense counsel to obtain relevant information and evidence, and this right can be achieved determine whether an effective defense counsel, the suspect accused of human rights can be guaranteed.China’s current "Code of Criminal Procedure" and "Lawyers Law" stipulates that the right to counsel some investigation, but because of the absence of relevant laws and regulations, the lack of strong institutional support, and the survey does not fit, coupled with criminal law Dharma Cleveland Adams Sword deterrence, defense lawyers investigation situation is not optimistic.In this paper, a total of about II thousand words, is divided into six parts. Introduction section briefly describes the theoretical premise of this article, the purpose of writing, explain the importance of the lawyer to defend national integrity system in the legal system. The first analysis of the right to counsel investigation basic theory, including the concept, the nature of necessity, combined with judicial practice commonly used means of investigation defense attorneys, this article from the perspective of understanding the most broad investigation right and scoring system, such as the right to be met discussed; the second part of the comparative study of two legal counsel investigation countries right system, with common law and civil law, for example, Germany introduced a brief summary of its characteristics; third part analyzes the status quo of China’s legal system constraints investigation; fourth empirical analysis using the method of analysis of judicial practice cases and writings have been published and discussed in the paper questionnaire data summary is intended to reflect the current situation in a comprehensive investigation right; fifth part cause of the problem, part of the sixth part in the five proposed the institutional reconstruction of the recommendations of the Criminal Investigation Power lawyer. Comparison of the previous literature, the author based on personal experience to write some of the details. Proposed investigation stage to give defense lawyers the right to investigate and collect evidence, defense counsel industry access system, presented evidence to show the pilot system, etc., and explore its concrete measures.