Study Counsel Investigation System In The Context Of Judicial Reform

Lawyers'investigation and evidence collection system is the necessary requirement for lawyers to exercise the right to defense, and could promote the balance of the prosecuting and defending parties at the same time. However, the development of the lawyer's right of investigation system in our country is not mature. Investigations Proprio Motu, as the foundation of the investigation, has been ignored as a result of no power of force.Application for investigation right, as supplemental application has often been rejected, and lawyers are unable to remedy. It is an important and a challengeable problem for the current judicial practice to establish and standardize the lawyers'investigation and evidence collection system in our country. The new round of judicial reform not only have great influence on the court, but also impact Lawyers'investigation and evidence collection system greatly.As the standardization and elitism of judges and prosecutors, we believe that China's legal system will move forward on the whole. Meanwhile, the role transition of judges and prosecutors caused by the new round of judicial reform will promote the Judicial organ comprehend and support the lawyers'investigation and evidence collection systemThe full text is divided into six parts except the first part of introduction which introduce some basic problems such as basis background, the research situation and the sixth part which summarize the full text.The second, third, fourth and fifth parts are the most important parts of the full text. The second part contains the introduction of the concept, connotation, and mode of the lawyers' investigation and evidence collection system, and lays a foundation for the full paper.The third part analyzes the basic content, the restriction factor of lawyers' investigation and evidence collection system, which gives us basic understanding about lawyers' investigation and evidence collection system and the situation in juridical practice.The fourth part introduces severally the situation that lawyer investigate and collect evidence system in civil litigation, criminal litigation and administrative litigation in the aspect of juridical practice and explore the existing restriction factor through the analysis of the lawyer investigation situation. Clear the embarrassing situation of lawyers' investigation and evidence collection system in judicial practice.The fifth part of the article involved with problem solving, starting from the background of judicial reform, in the process of elite of judges and prosecutors, it improve the overall quality of judicial organs consequentially. Meanwhile, open prosecutor and judge personnel system, and the status transform of prosecutors, judges and lawyers will bring opportunities for the improvement of lawyer investigate and collect evidence system, with the improvement of legislation and judicial system, it will be the fundamental driving force of achieving lawyer investigate and collect evidence system.