Study On The Defense Lawyer Rights Of Investigation And Evidence Collection Under The Perspective Of Trial-centered Doctrine

After the emergence of the trial-centered doctrine coming,the judicial practice began to emphasize the importance of the court hearing,the central link of the court hearing is the cross-examination of evidence,so it is very important to fully protect the right of defense the lawyer's right on investigation and evidence collection.In this paper,the defense lawyer's right on investigate and evidence collection is taken as a "broad sense",that is,defense lawyers can use their right to investigate and collect evidence in the whole stage of "investigation,prosecution and trial".As an extension of the rights of the accused,the right of the defence counsel to investigate and obtain evidence belongs to a kind of derivative right,and it also belongs to an obligation of the defence counsel,because its right comes from the authorization of the accused,so the right of investigation and evidence collection is also a kind of double attribute right.Under the long-term restriction of the original investigation-centered thought,in our country there are many problems on the right of investigation and evidence collection,for example,the provisions in the text are not specific enough In practice,defense lawyers often refuse to cooperate in obtaining evidence,because of the lack of legal evidence,fear of retaliation or loss of property by witnesses and close relatives of the accused,At the same time,some of the judiciary are making it more difficult for defense lawyers to pursue their claims,and so on.These issues need to be adjusted and changed in the context of the current trial centralism.From the perspective of trial centralism,the ideal state that can be achieved by perfecting the right of defense lawyers to investigate and obtain evidence is also from the three angles of accusation and Defense.It can strengthen the checks and balances on the rights of the prosecution,improve the probative effect of the evidence obtained by the defense counsel,and help to realize the defense counsel's effective defense.Facing the present situation of the practice of the right on investigation and evidence collection,and looking at the ideal state of the right under the perspective of trial centralism,there must be differences between the reality and the ideal.But in order to bring the ideal into reality,we can take a series of perfect measures to perfect this right.For example,to amend the legal text on the right of investigation and evidence collection to make clear and specific provisions,in practice to introduce the "investigation order" and other means to specifically regulate the right to investigate and collect evidence,and to strengthen the ideological concept of the public and relevant judiciary staff in the trial-centered publicity.