The Defense Lawyer's Right Of Application For Investigation And Evidence Collection In Pre-trial Stage

Due to that the lawyers have no compulsory right to collect evidence,there are so many difficulties in self-investigation evidence.As a result,the lawyers can only apply for the public power to get evidence.As we all know,compared with the trial section,the pre-trial stage is more important for the lawyers,because the pre-trial stage is not only the section that gathers and regulates evidence,but also the preparation phase for the trail,and the section that the lawyers concentrate on applying for to get the evidence as well,to ensure the right to apply of the lawyers in the pre-trial has great signification for equal confrontation and effective defense.However,in the investigation stage,the lawyers are limited,merely can apply in the stage of reviewing the prosecution.At the same time,there is role conflict in the prosecutor,leading to that the ruling subject lacks of neutrality.Besides,it is so sad to find that the legislature didn't provide the relief mechanism for the lawyers,departing from the original intention.Therefore,this article takes the pre-trial stage as the focus point,to analysis the current law and practical difficulties by means of the combination of theory and practice,exploring how to effectively improve the effect of the right of application to get the evidence,so as to achieve the goal to protect the legal interest of the suspect and the defendant! In order to make up for the shortcomings of the lawyers,on the one hand,we are supposed to improve the applicability of the law from the technical level.On the other hand,strengthening the objective obligations of the prosecutor is necessary.At the same time,we should follow the participatory investigation model as well to get full realization for the right of application for investigation and evidence.