Research On The Relationship Between Investigation And Defense

The relationship between investigation and defense is a crucial legal relationship in criminal proceedings.The rational relationship between investigation and defense will not only guarantee the realization of investigative function and safeguard the lawful rights and interests of suspects,but will also prevent the abuse of the investigation power and regulate the exercise of the defense right.At present,China is promoting the reform of the trial-centered litigation system.Under this background,the relationships between investigation and charge,charge and defense,charge and trial,defense and trial in criminal proceedings have become hop topics in the procedural law fields.However,the relationship between investigation and defense has been less studied.In fact,the relationship between investigation and defense is the earliest relationship,because in most countries,criminal proceedings start from investigation.In China,though the case filing procedure precedes the investigation stage,the real proceeding relationship always starts from investigation.Therefore,the relationship between investigation and defense ought to be an indispensable object in the study of criminal proceedings.This article,centering on the relationship between investigation and defense,attempts to explain general legal principals of such relationship,study and analyze the relationship between investigation and defense in other countries,analyze the major problems that exist in the investigation and defense relationship in China,and put forward some ideas and strategies on constructing a new relationship between investigation and defense.This article is comprised of four parts.The first part explains the connotation,characteristics as well as basic types of the relationship between investigation and defense.In the second part,through studying the relationship of investigation and defense in England,America,France and Germany,this article intends to provide guidance to the investigation and defense relationship in China by understanding the characteristics and development of such relationship in those counties.The third part states China's legislative status in the investigation and defense relationship and analyzes the major problems that exist in the investigation and defense relationship from three aspects,i.e.,the information asymmetry between the investigation organ and the defense lawyer,the imbalance between the power of investigation and the right of defense,and the failure of the defense right in effectively restraining the power of investigation.The last part explains how the trial-centered litigation system affects the investigation and defense relationship and puts forward some ideas and strategies on constructing a equal,confronting and collaborative relationship between investigation and defense.