Study On The System Of Investigation And Collecting Evidence By Defence Lawyer In China

Evidence is the key to litigation.Sufficient evidence materials is the important tool for defense lawyer to protect the lawful rights and interests of the criminal suspect or defendant,and the defense lawyer’s right of investigation is the basis of the defense lawyer to do effective defense.However, in our current legislation the provisions about the right of defense lawyer investigation is relatively fuzzy, such the application period of right of investigation is not clear.The provisions about the right of defense lawyer investigation in the criminal procedure law and the lawyers law are unsatisfactory.Under the perspective of comparative law,this paper deep analyze the representative countries of Anglo-American law system and continental law system,the deficiency of the right of investigation in our country at the present stage and the cause of that deficiency,to put forward concrete perfecting suggestions about the system of the defense lawyer’s right of investigation in our country.The first chapter analyzes of the concept of the right of defense lawyer investigation and the historical evolution by using the method of inductive, and further reveals the significance of defense lawyer system of investigation.The second chapter is about the comparison of the defense lawyer defense lawyer system of investigation.This chapter is mainly to comparative study the defense lawyer investigation system in Anglo-American law system and continental law system by analyzing the typical countries,summarize the similarities and differences between the system of investigation in this two legal system to find out the cause of the differences,with the purpose of the perfecting ways to improve the system of the defense lawyer investigation provide in our country.The third chapter is about our country’s and problems of the right of defense lawyer investigation analysis.With the starting point of analyzing current situation of the right of defense lawyer investigation in China, this chapter explores the main reasons of the problems on the system of investigation to clearly understand the whole defense lawyer investigation system in China.The fourth chapter is the suggestions to improve the defense lawyer system of investigation.This chapter targets on the specific ways to improve the system and supporting system from the angle of the necessity of perfecting defense lawyer investigation system.