The Research On Defense Attorney’s Right To Investigation For Evidences

The right for the defense attorney to investigation for evidences is the key to guarantee the right of defense exercise effectively, it is the most important means and ways to found the truth of the case, it has an important significance for realization of procedural justice and implementation of human rights safeguard."It not only relate to protect the suspect or the accused’ legitimated rights and interests, but also to affect the success of the criminal justice whether the defendants can exert the own function in criminal proceedings." The new lawyer law refinement and expansion the right for the defense attorney to investigation for evidences, but the legal effect was greatly reduce due to the conflict of the application and the absence of relief provisions of the law,the exercise of the right is still in an awkward position, therefore we need to further study the right for the defense attorney to investigation for evidences.This paper includes four parts except preface:The first part, put out the concept of the right for the defense attorney to investigation for evidences to the concept and composition of right as the breakthrough point, it including to investigation and collect evidence to the parties and witnesses,apply to the judicial organ for investigation and compulsory the witnesses to testify in court and the right relief when the right infringed.The right is based on the position of the defendants and the litigation law during the lawsuit, it has important value on the safeguard of human rights and realization of equality of the prosecution and the defense and safeguard judicial justice.The second part introduces the extra-territorial provisions of the right for the defense attorney to investigation for evidences, including the design of the system of the United States and Germany. Base on the adversary litigation mode of United States, lawyers have been given the right to investigation and collect evidences compulsory, so it has a relatively complete relief provisions and exercise of the right. Germany based on the authority principle litigation mode, it has a relatively complete on the right of meeting and consult the case files.The third part mainly analyzes " The Procedure of Criminal Law"," Lawyer Law" and other laws concerning the right for the defense attorney to investigation for evidences rules, it point out that we lack of the determination on the legal status of the lawyer in the investigation stage, the right of investigating evidence law is too principle and lack of operable the application for investigation lack of security and relief provisions and other problems. The misunderstanding of the function and value of the lawyer and lack of industry standards are the main reason for the lawyer difficult to investigation for evidences.The fourth part, discusses how to reconstruction the legal system of the right for the defense attorney to investigation for evidences, based on the legal problems in exercise the right and draw lessons from abroad. We need to give the defense lawyers in the investigation stage of defense position in the legislation, give the lawyer some rights of investigation and application start presence right program identification right, and strengthen the equal confrontation through the perfection of rights. In order to reduce the risk of abuse of right of investigation for evidence, we should perfect the legal industry standards; strengthen the system of punishing lawyers.