Research On The Right Of Defense Lawyers To Investigate And Collect Evidence During The Investigation Stage

The right of defense counsel to investigate and collect evidence in the investigation stage refers to the specific litigation activities carried out by the defense lawyer in order to understand the facts of the case,collect,confirm and obtain the evidence material in favor of the criminal suspect,and carry out the special lawsuit in accordance with the procedure prescribed by law.This is an important part of the right of defense and an important way for lawyers to exercise their right to defence,which is of fundamental significance for maintaining the balance of the control and defense structure,strengthening the supervision of the investigation power,safeguarding human rights,preventing the wrongs,and realizing justice.The right of defense lawyer to investigate and collect evidence is very different from the nature of state investigation right,which has the characteristics of folk,non-compulsory and limited means.As an important right of defense,the right of defense lawyers to investigate and collect evidence is more common in the extraterritorial development of the rule of law,and the related system guarantee is more perfect,such as the United States,Britain,Germany,France and Japan and other countries are generally so.At present,the criminal Procedure Law of our country has not explicitly given the defense lawyer the right of investigation and evidence in the investigation stage,which is undoubtedly a big loophole for maintaining fair and reasonable litigation structure,safeguarding human rights and realizing justice,and even constitutes an obstacle to the healthy development of the right of defense.With the improvement of the level of the rule of law and the continuous improvement of the criminal rule of law,it is urgent to give defense lawyers the right to investigate and collect evidence in the investigation stage.Therefore,on the basis of analyzing the present situation of the development of the right of defense in China and drawing lessons from foreign advanced experience,this paper puts forward the following ideas for constructing the investigation power of defense lawyers in the investigation stage of our country: amending the Criminal Procedure Law,clarifying the lawyer's right of investigation and evidence during the investigation,amending the penal law to eliminate the unfavorable factors restricting The exercise of the right to apply for evidence and commission of evidence;establish the evidence registration system and the objection handling mechanism,and deal with the objections after the lawyer has transferred the evidence at this stage.Under the current environment,although the investigation of defense lawyers to investigate the right to collect evidence still face many obstacles,but we should put in the rule of law to continue to improve the environment to understand,bravely towards this future inevitable trend forward.For,the rule of law itself is to make progress in the constant adjustment of the balance of interests.