A Study On The Right Of Defense Counsel To Investigate And Collect Evidence Under The Principle Of Trial Center

His right of defense counsel to investigate and collect evidence is one of the most basic and core powers of all defense rights of lawyers.It is of great value to protect the litigation rights of suspects and defendants,to realize procedural and substantive justice and to improve the efficiency of litigation.The right of defense counsel in our country to investigate and obtain evidence was gradually established after several developments.From the first Criminal procedure Law in 1979,which did not establish that defence lawyers have the right to investigate and obtain evidence,to the 1996 revised version of the Criminal procedure Law,which recognized and established the right of defence lawyers to investigate and obtain evidence,And then,the 2012 edition of the Criminal procedure Law defines the defense counsel's role in the investigation process.Defender status,this change process reflects the defense counsel's right to investigate and obtain evidence in the continuous extension,and has been recognized and guaranteed by the law.However,it is undeniable that the defense lawyer's right to investigate and collect evidence has been paid more and more attention,but it is still difficult to realize in the concrete practice.Not only is it difficult to obtain evidence through its own investigation and application,but it is also unclear whether it enjoys the right to investigate and obtain evidence in the investigation process,and the lawyer's perjury,known as the 306 stick,also intimidates defense lawyers all the time.The difficulty of investigating and collecting evidence is a painful point in the defense work of our country for a long time,from "the old three difficulties" to "the new three difficulties".Its problem has never been solved.This results in a serious imbalance between the powers of the prosecution and defense in the litigation,and the legal rights and interests of the accused cannot be guaranteed.Therefore,a large number of false and false cases have been bred in judicial practice,and the judicial authority of our country has been damaged.The thought idea and realistic significance of trial centralism is the achievement that our country summed up in the long-term legal practice.It is the direction and goal of judicial reform in our country from an immature innovative idea to its application in judicial practice as a judicial principle and judicial system.Court centralism requires that all facts and evidence related to the determination of a case must be investigated and debated in court,and that the final outcome of the case must also be derived from court proceedings.And the realization of this series of requirements is based on the premise of evidence.Our country has long been trapped in the quagmire of investigation centralism,representing the country The prosecution of the family and the defence on behalf of the accused differ greatly in strength.So the evidence here refers more to the evidence provided by the accused.Defence counsel is the only person who can help the accused with limited personal freedom and lack of defence ability.Therefore,the substantive protection of the defense lawyer's right to investigate and obtain evidence is the most critical link to meet the requirements of court centralism.The final goal of the request of the court center doctrine to the defense lawyer's right to investigate and obtain evidence is to make the two sides of the prosecution and defense have equal litigation status so that the defense can be effectively defended.Despite the fact that some localcourts are currently experimenting with the reform of the centralism of the trial.The defense attorney's right to investigate and obtain evidence is guaranteed to a certain extent,but it is only partial and incomplete.The dilemma of investigating and obtaining evidence by defense lawyers is still unsolved,which will not be resolved in a short period of time due to the influence of the judicial system and the concept of litigation in our country.Therefore,under the limited knowledge structure,by analyzing and summarizing the dilemma of the defense lawyer's right to investigate and collect evidence in reality,and according to the development requirement of the defense lawyer's right of investigation and evidence collection and the development opportunity brought about by the doctrine of the trial center,Accordingly,from perfecting defense counsel's right to investigate and take evidence itself,to carry out the evidence obtained by defense counsel in court,and to put forward criminal evidence.In order to guarantee the implementation of defense counsel's right to investigate and obtain evidence,the author hopes that these methods can alleviate the difficult problem of investigation and evidence collection of defense counsel to a certain extent by introducing entrustment investigation mode and re-regulating the crime of lawyer perjury.