On The Lawyer’s Right Of Investigation And Collecting In Civil Litigation System Of China

Proverbs have cloud, "a lawsuit is to make the evidence", visible evidence for the importance of civil litigation. At present, our country’s civil lawsuit pattern gradually by the "authority" to "the parties", collected evidence collected by the court also comprehensive transformation is given priority to with the parties and their agents to collect. Because the parties generally have no "legal person" of thinking, often entrust a lawyer to do agent, so most of the evidence collection is mainly done by a lawyer. In order to better safeguard the lawful rights and interests of the parties, at the same time also to the court to find out the case facts, so it is necessary to give lawyers right of investigation and its supporting measures and perfect. Due to the civil litigation law(hereinafter referred to as the method), the simply given the lawyer of the lawyers in the investigation power, and there is no effective implementation to guarantee lawyers investigation right of procedure and relief way, often leads to the lawyer’s right of investigation in the judicial practice.In this paper, the text is divided into four parts:The first part: summary of civil lawyer’s right of investigation. By the lawyer’s right of investigation the meaning, nature, legal basis, make a reservation for the lawyer’s right of investigation; On the function of lawyers right of investigation to illustrate the necessity of lawyers right of investigation.The second part: the present situation of the implement of lawyer’s right of investigation. From the legislation, law enforcement lack of practice, also the lack of relief way; From a legal point of view, due to the imperfect of legislation in the judicial practice, the lawyer obtain evidence way is very chaotic; The cause of the lawyer investigation is difficult to get effective implementation is analyzed.The third part: the investigation to the lawyer’s right of investigation system abroad. Mainly to the Anglo-American law system and continental law system countries lawyers right of investigation to examine, by comparing the foreign lawyers right of investigation system, China can draw lessons from.The fourth part: Suggestions of perfecting our country’s lawyer’s right of investigation system. The need to give the principal position of law enforcement power of "independent", perfecting the relevant legal procedures and the implement measures of security rights and measures of restricting rights abuse.