Research On Lawyer’s Right Of Investigation And Evidence Collection

Due to the development of law and the growth of legal consciousness in China, lawyers play an increasingly important role in civil lawsuits. When a lawyer represents the client in a case, investigation and evidence collection is the most essential work of a lawyer. Nowadays, the adversary system is adopted in most trials of civil lawsuit, therefore, whether a lawyer can fully exercise his/her right of investigation and evidence collection will have a direct influence upon the protection of the legal rights and interests of the client. Although it is expressly provided for in the laws of the PRC that a lawyer has the right of investigation and evidence collection, but such right is always being limited and restricted by various means in judicial practice. If not to eliminate such limitation and restriction and not to establish theauthoritativeness of a lawyer’s right of investigation and evidence collection, then the legal rights and interests of the client cannot be fully protected from a micro perspective, and the fairness and justice cannot be realized in the entire society from a macro perspective, so that eventually the improvement of Chinese law will be prevented.