Research Defense Lawyers Investigate The Right To Collect Evidence

On December 21,2017,the “Hangzhou Nanny Arson Case”,which has received much attention,was in the process of trial at the Hangzhou Intermediate People's Court.The defendant's party,Mo Huanjing,entrusted the firefighter to appear in court and was not in court.Acceptance and other reasons for arbitrarily retiring from the court have caused heated discussion in the judicial and legal circles.So,what is the right of investigation and attestation of defense lawyers? How is the law of our country stipulating the right of defense lawyers to investigate and collect evidence? What problems and deficiencies exist in the system of investigating and collecting evidence of defense lawyers in China? Where is the defense lawyer's right to exercise the right to investigate and collect evidence? In-depth thinking and comprehensive analysis of these issues undoubtedly have important theoretical value and positive practical significance for perfecting the investigation and evidence collection system of defense lawyers in China.The paper is divided into four main parts:The first part mainly expounds the meaning of the defense lawyer's investigation and acquisition right,and expounds the characteristics of the defense lawyer's investigation and evidence collection right from the aspects of rights,independence,legality,modesty and proof.The second part analyzes the status quo of China's legislation from the law's provisions on the right to investigate and collect evidence from defense lawyers,courts and procuratorates,and analyzes the current situation of the judiciary from the perspective of how to perfect the defense lawyer's right to investigate and collect evidence.Defence lawyers have difficulty in obtaining evidence,and analyze how to regulate the right to investigate and collect evidence of defense lawyers in practice.The third part mainly compares the legislative practice of foreign defense lawyers' investigation and evidence collection,mainly introduces the legislative status of the common law systems of the Anglo-American legal system and the civil law system,and analyzes its enlightenment to China.The fourth part is to optimize the defense lawyer's investigation and evidence collection system,refine the defense lawyer's investigation and evidence collection rights,strengthen the supporting rights and immunity protection,construct a new relationship between the public security law organs and the defense lawyers,establish the rule of law for the whole people,and constantly improve the social rule of law environment.The other aspects put forward specific measures to improve the system of investigating and collecting evidence of defense lawyers in China.