Research On Defense Lawyers' Investigation And Evidence Collection

Investigation and evidence collection is an important guarantee for defense lawyers to successfully carry out effective defense.With the coming of the new era,the construction level of the rule of law society in China has been continuously promoted.The provisions of the criminal procedure law on the right of defense lawyers to investigate and collect evidence have also experienced a development process from scratch,from imperfect to gradually perfect.Based on the current litigation judicial practice,this paper takes the problems and obstacles existing in the lawyer's exercise of the right of investigation and evidence collection in the current litigation judicial practice as the starting point,and then probes into the causes of the problems in depth,and then through the use of comparative law research methods,in order to find a solution to the problem,so that the criminal judicial prosecution activities in China can be carried out orderly.The first part mainly discusses the current legislative and judicial situation of the right of investigation and evidence collection of defense lawyers in China through the retrospection of the legislative history.Through combing the revision process of the criminal procedure law of our country,we can find the regulation changes and progress of the right of investigation and evidence collection in the legislative history of the criminal procedure law of our country.The second part is based on the in-depth study of the status quo of the lawyer's right to obtain evidence,and then finds the prominent obstacles and core problems faced by the defense lawyers in exercising the right to collect evidence.The third part focuses on the causes of the obstacles in the investigationand evidence collection work of lawyers,in order to find out thespecific causes of the obstacles.The fourth part aims to analyze the provisions of the right investigation and evidence collection of defense lawyers in the advanced countries such as the civil law system and the common law system by comprehensively using the advanced research methods of comparative law in the academic field,and to find out the favorable countermeasures that are suitable for China's national conditions and worthy of reference.The fifth part summarizes the full text,under the premise of probing into the common legislation of each family,systematically puts forward the countermeasures to solve the obstacles in the investigation and evidence collection of defense lawyers in our country.It is a good way to find out the truth of the case and maintain the judicial order for the defense lawyers to actively exercise the right of investigation and evidence collection in the criminal proceedings.This paper hopes to make suggestions for the defense lawyers in China to better carry out the right of investigation and evidence collection through in-depth discussion of this issue.