Studies Of The Right Of Investigation Of Lawyer

Evidence is the key material to prove the facts of the case.The court trial mainly restores the facts of the case through evidence,so the evidence is an important factor in determining the direction of the trial.The right of investigation is a vital right of defense lawyers,because the right to investigate and collect evidence can help defense lawyers collect evidence and influence the direction of the trial.However,China's provisions on the right of investigation by defense lawyers are not perfect,and this right is not paid attention to in practice,which leads to a series of problems.According to the provisions of foreign laws,defense lawyers have the right of investigation on their own.However,China does not recognize the right of lawyers to investigate and collect evidence in the law.This also affects the equality of prosecution and defense in court trials,which leads to the limitation of defense rights.At the same time,foreign laws provide a more comprehensive stipulation of the right of investigation and rights of association,and promote the right of investigation through the relief system and rights of association.However,in our country's practice,it is difficult for defense lawyers to exercise the right of investigation,and it is difficult for defense lawyers to investigate the right to collect evidence.This will also affect the defense lawyers' ability to investigate and collect evidence,which is not conducive to the defense lawyers to carry out defense activities.Therefore,it is extremely urgent to improve the right of investigation of defense lawyers.This paper analyzes the legislative and judicial aspects,and studies the rights(power)and obligations of different subjects in criminal proceedings,and proposes a system to improve the exercise and security of investigation and evidence collection.At the same time,this paper will also study the role of rights of association in investigating the right to collect evidence,and improve right of investigation by assisting defense lawyers in investigating the right to collect evidence,thereby enhancing the enthusiasm of defense lawyers to exercise their right to investigate and collect evidence.This article mainly includes four parts: The first part studies the concept of defense right of investigation of lawyers,and analyzes the value of right of investigation for criminal proceedings;The second part from the perspective of foreign investigation system background,analysis of civil law countries France,Germany,Britain,the United States of Anglo American law system,through the analysis of different countries,to determine the defense lawyer's right of investigation and evidence collection value and how to operate,through the comparison of civil law countries and common law countries,determine the defense lawyers' investigation the right of the merits of the system,give our country perfect rights of advocates to enlightenment.The third part analyzes the status of the right of evidence collection in legislation and in the judicature,and draws a conclusion of the problems in the practice of the right of investigation and forensics in China's defense lawyers.The last part analyzes the problems existing in the practice of the defense counsel's investigation and evidence collection in the last part,and tries to think about the solutions,mainly through the three angles of defense lawyers and courts,to make perfect measures.Through the problems in practice,this paper also gives a complete proposal to the supporting measures of the right to investigate and collect evidence by the defense counsel,mainly through the three rights of the presence right,the right of meeting and the right to read the papers,and enacts the perfect content around the right of investigation and evidence collection of the defense counsel.By giving advice on the right of investigation and evidence collection of defense counsel and its supporting measures,we should highlight the role of the right of investigation and evidence collection in the substantive role of trial,so as to sublime the value of investigation and evidence collection right in criminal proceedings.