The Construction Of The Third Party Investigation And Evidence Mode Of Criminal Lawsuit In China

The criminal investigation lawyer's right to investigate and collect evidence is the basic right of the right to defense,the embodiment of the active exercise of the right to defense,and the need to build a country ruled by law.Although China's current "Criminal Procedure Law" and related laws have provisions on the investigation and evidence collection rights of criminal defense lawyers,due to the incompleteness of its provisions and the influence of the criminal litigation structure in China,it has not been well exercised in judicial practice..Many scholars have put forward their own solutions to this issue,and put forward more perfect suggestions on the relevant judicial dilemma.However,many of them have perfected the criminal investigation lawyer's right to investigate and collect evidence from the perspective of equality between prosecution and defense,and this is the mode of litigation structure in China.There is a certain conflict.Based on this paper,a neutral third-party investigation and evidence collection agency is proposed to assist the criminal defense lawyer to complete the investigation and evidence collection.Firstly,it defines the third-party investigation and evidence collection mode of criminal procedure in China.Secondly,it focuses on the basis of criminal investigation structure in China,and puts forward the basis and feasibility analysis of constructing the third-party investigation and evidence collection mode of criminal proceedings.Thirdly,it proposes to construct a third party investigation and evidence collection of criminal lawsuit.The model legislation builds the path;finally,it proposes the judicial application of the third party investigation and evidence collection model in criminal proceedings.From the above four aspects,this model is analyzed.On the one hand,with the help of the power of the state public authority,it has solved the long-standing reasons for the inequality in the investigation and evidence collection of criminal lawyers.On the other hand,it has reduced the credibility while improving the credibility.Investigate the risk of forensics.This can better solve the problem of the investigation and evidence collection of the criminal defense lawyers that have existed for a long time in China.