Research On The Right Of Investigation And Evidence Collection Of Defense Lawyers In The Criminal Investigation Stage

The right of investigation of criminal investigation phase lawyer in China has always been an important issue in academic research,in the new law before the introduction of academic controversy focuses on whether lawyers in the investigation stage should have the right of investigation and evidence collection problems.According to the old "Criminal Procedure Law",mainly scholars think that the lawyer does not have the right of investigation and evidence collection.But with the introduction of the new "criminal procedural law",the focus of academic discussion is transferred to the current legislation has been given the defense lawyer investigation phase right of investigation on the issue,however because the law itself is not clear enough,this issue in academic circles caused great controversy.In addition,there is little research on the scope and form of lawyer's investigation and evidence collection in the investigation stage,so it leads to the previous research in the lawyer's right to investigate evidence on the issue of the implementation of a mere formality,lack of theory and practice,is not conducive to solving the problem.In order to solve the problems above,In the first part of this paper,we will enumerate the different views and reasons of the academic circles on the right of investigation and evidence collection,and from the perspective of interpretation of law,according to the analysis,the author thinks that the law of our country has already recognized the existence of the right of investigation and evidence collection,this is the theoretical basis of this article.In the second part,through analyzing and defining the scope and form of lawyer's investigation and evidence collection,as a theoretical solution to the problem.In the third part of this article,the author will make a comparative study in order to analysis of the different countries to investigate the right to investigate evidence collection.Theory must always be combined with practice,the fourth part of the thesis,the practical obstacles to the implementation of the right of investigation and evidence collection,in the last part of this paper,combined with the previous foreshadowing and problems,and according to the present situation of judicial reform in China,feasible road investigation stage of lawyers right of investigation and put forward the implementation of the implementation of the specific plan,as the end of this article.