The Defense Lawyer Verified The Evidence Issue To The Criminal Suspect And The Defendant

Our country once again revised the Criminal Procedural law In 2012,for the first time defense that lawyers in the prosecution after criminal suspects, defendants to verify the relevant evidence. Set up the evidence system is conducive to the defense lawyer to verify evidence material to the mastery of the criminal suspect, in order to determine the authenticity of the evidence material, better prepared to defend and quality certificate.However, the legislation for the criminal suspect, the range of verify the relevant evidence, are not stated, there is no relevant legislative interpretation or judicial interpretation, either. Views on this issue based on the different judicial and legal profession, view divergence. This paper attempts to through two aspects of theory and practice, on the one hand, the defense lawyer, defendant's lawsuit right is analyzed from the theoretical level, the relevant system and reference abroad and defense lawyers perspective to explore the theoretical basis, for the verification of evidence system; on the other hand from the current practice, the defense lawyer to verify evidence to proceed, to verify the evidence may cause negative consequences are analyzed, solutions. Base on that, as the defense counsel to the crime suspect, accused person to verify evidence of this provision, to put forward some improvement suggestions.This paper is divided into four chapters.The first part analyzes the existing problems at present and verify the evidence system. The problems in practice and the possible negative consequences of several aspects of the analysis to clarify and verify the evidence regulations. The second part of the verification of evidence system explore from the theoretical level. The defense lawyer to verify the purpose, implementation and verification of the evidence system, defendants the right evidence, knows the right defense right, defendant is marking the right lawyer perspective,focus of verify the evidence. The third part mainly discusses how to grasp in practice to verify the evidence system. Scope limitation, and verification of the defense lawyer to verify the evidence of the focus and verify the evidence of the way. Some legislative suggestions to perfect the fourth part to verify the evidence system. According to the discussion of the front several parts, focusing on how to verify the evidence system of detailed rules, victims and co defendant's confession of information security measures to put forward some meaningful suggestions.