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An Empirical Study On The Lawyer's Investigation And Evidence Collection In The Criminal Procedure

Posted on:2017-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:L ChenFull Text:PDF
GTID:2336330488472511Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Investigation is an important way of lawyer rights in criminal cases,the right of investigation is an important part of the litigation rights of lawyers.The lawyer investigation in criminal cases forensics can balance the power of both sides, will help to find out the facts of the case judge.Improve the system of forensic investigation can be said to be the implementation step to the essence of the trial.In the current emphasis on both sides and realize effective against the essence of the trial under the background of the trend, it is particularly urgent and necessary to build a scientific and rational system of investigation.In view of this, the system of obtaining evidence in criminal cases, lawyers investigation as the research object,on the base of analyzing the running status of the evidence system of our country lawyer investigation,learn useful experience from foreign countries or regions, to further explore specific measures to improve the law in China's criminal cases investigation system.In addition to the introduction and conclusion, the full text is divided into three parts:The first part is the lawyer in criminal cases investigation status and the dilemma of exercise. Through empirical research, and the judges, lawyers for interviews, summed up the current situation in the operation stage of criminal proceedings and criminal appeal lawyers investigation. Specific to conclude the following situation:(1) the family members of the defendants evidence in a sense become a lawyer forensics alternatives;(2) to avoid the risk in practice, defense lawyers tend to objective to collect evidence and documentary evidence;(3) with respect to take evidence on its own, defence lawyers tend to choose the application of investigation and evidence collection;(4) criminal appeal lawyers master case materials are limited and can not exercise the right to apply for evidence.The second part is the cause of the plight of the lawyer investigation and evidence collection in criminal cases. By the author in the law firm internship opportunities and judges, prosecutors, lawyers and communicate, found the following reasons:(1) by lawyers evidence may bring the risk of criminal, subjective lawyer would not evidence;(2) due to the legal provisions and limitations of cultural background, objective law can not be evidence;(3) criminal complaint stage, lawyers' rights, application right of investigation and evidence collection show gaps in the system.The third part puts forward the concrete idea of improving the lawyer's investigation and evidence collection system in our country.(1) to amend the relevant laws and regulations, eliminate lawyer forensics concerns;(2) strengthen the lawyer risk prevention, enhance the ability of evidence;(3) indeed for forensic procedures and responsibilities of the court, the procuratorate;(4) in a criminal case is introduced to investigate the order system, strengthening law forensics capabilities;(5) to improve the witness to testify in court system, solve criminal cases lawyer forensics difficulties;(6) clear criminal appeal lawyers enjoy the right of investigation and evidence collection application, marking the right.
Keywords/Search Tags:criminal action, the system of forensic investigation, the criminal immunity of occupation, the essence of the trial, the investigation order system
PDF Full Text Request
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