Study On The Protection Of Criminal Defense Lawyer's Right Of Investigation And Evidence

Investigation right is the right of criminal defense counsel functions in real terms,to achieve the right balance is necessary to ensure the prosecution and the defense forces,lawyers discovered facts of the case,to provide an effective defense for the client premise.2012 China's "Criminal Procedure Law" made significant changes to the right criminal defense lawyers were perfect,to some extent,solve the difficult meeting and marking difficult problem,but a problem for the right to investigate and collect evidence has not been modified,criminal defense counsel investigation is still facing many challenges.From a legal perspective,the lawyers right of investigation include the right of investigation and application to investigation right's of criminal defense lawyers' investigation right is the guarantee of the modern theory of criminal proceedings in the principle of presumption of innocence,the balance principle,procedural justice theory and the theory of effective defense requirements."North Sea case","five young Fu yang case",and so on,all reflect the difficulties faced by our criminal defense lawyers in their own investigation and evidence collection and investigation of the application.In its own investigation,the criminal defense lawyers often refuse to witness,but also face the risk of prosecution practice;application in investigation and evidence collection,the lawyer has often rejected courts,prosecutors,no relief after rejected.In addition,criminal defense lawyers in the investigation stage whether to enjoy the right to investigate and collect evidence is still controversial.For these problems,the author analyzes the reasons from the legislative and judicial environmental and so on.In view of the problems and reasons in the investigation and evidence-gathering,the author proposes to improve the legislation,system construction and publicity and education of the rule of law.First,we need to perfect the relevant provisions of the criminal Procedure Law;Secondly,we can consider the system of investigation order in the civil lawsuit;Thirdly,the criminal defense exemption system should be established,and the lawyer should be exempted from the criminal liability,in order to reduce the lawyer's practice risk;four,It is necessary to construct a new relationship between the courts organ and the criminal lawyer,to create a good judicial environment and to promote the construction of the rule of law in our country.The publicity and education of the rule of law should be strengthened to correctly understand the defense system and the role of the criminal lawyer.