Study On Defense Counsel’s Right Of Investigation And Collecting Evidence

Law gives defense counsel a number of litigation rights in order to perform the basicfunction and safeguard the legitimate rights and interests of the agent, such as interview andcommunication right, marking the right, the right of investigation and collecting evidence andimmunity etc. The right of investigation and collecting evidence can be said to be a big part ofrights of defense counsel. From the beginning to the end, the evidence of a case plays a hugerole. But where the evidence of defense counsels comes from? There are a large part comefrom the right of investigation and collecting evidence. So whether directs relation withjustice can be achieved and human rights can be guaranteed, it is a lot of with the relation ofthe defense counsels’ the right of investigation and collecting evidence effective exercise, It isof great significance.Defense counsel’s right of investigation and collecting evidence is special rights. Itincludes the right of investigation and collecting evidence personally and application of that.On the subject of litigation、the procedural epistemology and litigation value theory in thetheory of criminal litigation provide theories support for defense counsel’s right ofinvestigation and collecting evidence. Defense counsel’s right of investigation and collectingevidence originated from the western concept of the rule of law and constitutional thought. Sothere are many worthy of ours. The countries of Anglo American law system and thecountries of continental law system in this right are both same something and differentsomething. For example a more flexible investigation means and so on. Although the new“Criminal Procedure Law” improves the rights of defense counsels, but the right ofinvestigation and collecting evidence is little involved. So there are many problems. Forexample complicating examination and approval procedures、not neutral authorities、the lackof remedies. The influence of traditional culture、the influence of judicial level、the lawyer’sown problems is the main reason leading to the above problems. For these problems, weshould perfect the right of investigation and collecting evidence personally and application ofthat, abolishing306thof “Criminal law” and improve defense lawyer immunity in the law. Weshould change the traditional ideas、 changing the judicial ideas and the lawyerself-improvement in thought. Although there are some problems, the defense counsels’ theright of investigation and collecting evidence will be perfect with the continuous progress ofthe construction of rule of law in China.