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Research On The Practice Of Defense Lawyer's Investigation And Evidence Collection

Posted on:2019-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:S Y LiFull Text:PDF
GTID:2346330548953953Subject:legal
Abstract/Summary:PDF Full Text Request
So far,our country's laws require defense lawyers to investigate and collect evidence mainly including self-investigating and collecting evidence and applying for investigation and evidence collection.Defense lawyers' investigation and evidence collection are necessary conditions for defense lawyers to provide effective defense.However,in reality,the defense lawyers have investigated and collected evidence on their own,such as lack of coercive force and poor results.High risk and low enthusiasm.The application for investigation and evidence collection is difficult and relief is difficult.The original intention of the defense lawyer's investigation and evidence collection is to play a role in the balance between civil rights and state power.Defendant lawyers' investigation and evidence collection has always been the subject of common concern in the Criminal Procedure Law and the Lawyers Law.Defending lawyers' investigation and evidence collection help to effectively protect the rights of suspects and defendants.It is emphasized that the function and role of defense lawyers in criminal proceedings are helpful in clarifying the truth of the case.China's criminal litigation model incorporates the functions of fact determination and rights protection,and at the same time it achieves the goal of criminal litigation for safeguarding human rights and prosecuting crimes,of which the main focus is on safeguarding human rights.This article first analyzes the existing legal provisions for the investigation and evidence collection of defense lawyers,and clarifies the nature of the investigation and evidence collection of defense lawyers.Secondly,it refers to the empirical research data of all parties on the investigation and evidence collection of defense lawyers,and summarizes the practice of investigation and evidence collection by defense lawyers.It shows: First,the enthusiasm of the defense lawyers in the surveyed area for investigating and collecting evidence is not very high.The defense lawyers under investigation stated that: The reasons mainly include two aspects.In terms of subjectivity,their own abilities are limited and professional moral qualities are low.In terms of objectiveness,the practice risks are high and the external resistance is large.The relevant units and individuals do not cooperate and apply for investigation by the judicial organs.Evidence is difficult,evidence is difficult to adopt and so on.Second,defense lawyers choose to investigate and collect evidence on their own.The main method is to apply for procuratorates or courts to investigate and collect evidence by reading the papers,and the meeting and the application court inform the witnesses to appear in court to testify.Third,the defense lawyers have many difficulties in investigating and collecting evidence on their own,and there are many problems.The types of evidence retrieved are mainly verbal evidence;the cooperation of the respondents is unsatisfactory,and the useful evidence obtained is limited.Fourth,the judiciary's low degree of recognition of the defense lawyer's application for investigation and evidence collection is usually considered unnecessary.Thirdly,summarizes the status of investigation and evidence collection for defense lawyers in China,and analyzes the main factors affecting the investigation and evidence collection of defense lawyers in China.Finally,aiming at the problems existing in the practice of defense lawyers' investigation and evidence collection,it proposes to effectively guarantee the right of defense lawyers to investigate and collect evidence in a variety of ways.Defense lawyer's recommendations for investigating forensics activities.It is recommended that defense lawyers should be allowed to employ private investigators to help them conduct investigations and evidence collection,improve the efficiency of defense lawyers,and increase the ability of defense lawyers to investigate and collect evidence.Actively guide the judicial administrative agencies and lawyers associations to do more service for defense lawyers to investigate and collect evidence.To improve the equal protection of the court's evidence investigation procedure,the judge should treat the right of proof of both the prosecution and the defense lawyer equally.In light of the difficulties in applying for investigations and obtaining evidence,the legislation should specify the situations that the judicial authorities can reject.If the application for investigation and evidence collection is denied,the defense counsel should be given the right to review and appeal.For defense lawyers to investigate and collect evidence for their own practice risk,it is recommended to improve the existing entity rules,judicial determination and prosecution procedures of the penalty rules.The application of Article 306 of the Criminal Code should be cautious.In response to the question of the defense lawyers investigating and obtaining evidence on their own,it is recommended that sanctions be strengthened.At the same time,we must pay attention to the education-related units and individuals actively cooperating with the defense lawyer's lawful investigation and evidence collection.In addition,it can draw on the merits of the investigation order system and give defense lawyers a certain amount of coercive power to investigate and collect evidence.
Keywords/Search Tags:Defense lawyer, Investigation and evidence collection, Meeting, Review
PDF Full Text Request
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