Research On Defenders’ Right To Investigate And Collect Evidence During The Investigation Stage

In the investigation stage,the right of the defender to investigate and collect evidence refers to the litigation right of the defender in the investigation stage in the criminal procedure,in order to better defend the parties,strive to collect evidence from the object under investigation,so as to obtain the relevant evidence.The right of investigation and evidence collection in the investigation stage is of great significance for restricting the right of investigation and promoting effective defense.Giving the defenders to the right to investigate and collect evidence in the investigation stage is an important means to maintain the balance between prosecution and defense.Many countries outside the region not only give the defenders the right to investigate and collect evidence in the investigation stage,but also establish a relatively complete guarantee system for the exercise of this right.However,the purpose of criminal proceedings in China has long been focused on combating crimes,and the investigation stage is also centered on the investigation,which is completely led by the investigation organs,which makes lawyers’ right to investigate and collect evidence not be recognized by the public authority.However,with the steady progress of the reform of the criminal judicial system centered on trial,the protection of human rights according to law is no less placed in the position of punishing crimes.The revision of the Criminal Procedure Law of the People’s Republic of China in 2012 established lawyers to enjoy the status of defenders in the investigation stage,providing a certain basis for defenders to exercise the right of investigation and evidence collection,and effectively improving the situation of investigation.However,there are still some obstacles for the defender to exercise the right of investigation and evidence collection,and the relevant legal norms need to be adjusted.The improvement of the system of the right of investigation and obtaining evidence collection is an important part of the reform of the criminal justice system,so the system must be constructed.Combined with the criminal procedure concept of protecting human rights in China,this paper introduces the current situation of the right to collect evidence at home and abroad.On the basis of China’s national conditions and reality,he put forward some suggestions of his own.To be specific,this paper first starts from the meaning of the right to investigate and collect evidence in the investigation stage,expounds the characteristics and value of the right,and then expounds the legal basis and legislative basis for the establishment of the right.Then,the right of investigation and evidence collection of defenders outside the region was investigated,and the provisions on the right of defense lawyers of British and American law countries represented by Britain and America and mainland law countries represented by Germany,law and Japan were summarized,and relevant systems worthy of reference were further put forward.Finally,some problems existing in the right of evidence in the investigation stage are analyzed.