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

Evidence is the core of the case facts, the right of investigation is the key to theright to defend, which contributes to maintain the party’s legal rights and interests,realize the defendant against, and protect human rights.The law on criminalprocedure2013goes further to improve the right of investigation. However, regardingthe legislation, although a lawyer shall enjoy a right of their own forensics and a rightto apply for investigation under certain conditions. But in practice, the jurisdictiondoesn’t specify its content and operation to the extent that the broad of conditionsunder which the right holder apply for jurisdictional investigation is blurred, the rightsconcerned have flaws and supporting mechanism is lacked. All these make itnecessary to improve further the defense lawyer’s right of investigation. For thesereasons, by referring to law system abroad, it is needed to make a study onestablishing the court system of investigation order, introducing specialized authorityto investigate, creating criminal evidence discovery system, further improve the rightsconcerned and the right of lawyer to exempt, aiming to provide some suggestions onimproving lawyer’s right of investigationThis paper includes four chapters except the preface:First chapter, in the view of the key role of the evidence to the case facts, thispaper overviews definition and content of the right of defense lawyer to investigate;Comparative analysis the distinction between provisions on the right to investigate in the process of three litigations with regard to the structure of litigation, the rights ofthe accused person, the way to defend; the biggest change of the law on criminalprocedure law2013makes it clear that the defense lawyers has a right to get into theinvestigation of the case in the phase of investigation, reflecting the progress ofjudicial system, guaranting the effective practice of the right of lawyer to defend,building a defendant mode, realizing the procedural justice. Finally it is of greatsignificance to achieve substantive justice.The second chapter, mainly analyses the current situations and problems on theright of defense lawyer to investigate, and pointed out that the theory dilemma on theright of defense lawyer to investigate is that the scope of application of the right ofdefense lawyers to apply for investigation haven’t been specified, and the rights in therelation to it have some flaws; in judicial practice, there are no perfect measures forrelief to ensure the right to apply for investigation. Moreover, article306of theCriminal Law makes it hard to realize this right.Contra pose the third chapter, mainly introduces the provisions of two main lawsystems with regard to the right of defense lawyer to investigate, including theAnglo-American law system and continental law system. Because Anglo-Americanlaw system represented by America insists on its doctrine lawsuit mode, in thecriminal lawsuit it attaches great importance to protect the defense lawyer’s right toinvestigate by constitutional law granting such a right to lawyers in a coercive way,and the exercise of such a right and relief are relatively mature; The continental lawsystem represented by Germany insisting on its functions and powers doctrine lawsuitmode, the system in relation to it,such as the meeting right, reading right, is moreperfect. Finally this paper will summarize their advantages and disadvantages aboutdefense lawyer’s right to investigate, and make a comparison, and find the advancedachievements of referent significance and challenges from the good systems abroad.The fourth chapter, regarding the current situations and problems on the right toinvestigate and problem, adopt the advanced and mature system abroad to improve thesystem of the defense lawyer to investigate in our country, mainly including creatingthe court system of order to inveatigate, introducing neutral specialized authority to investigate, establishing criminal evidence discovery system, further improving therights concerned and the lawyers’ immunity.