Study On Criminal Defenses Lawyer’s Right Of Collecting Evidences

Defense lawyer system of investigation of evidence as an important system safeguard criminal justice, but guarantee the realization of the right to defend the accused are critical. Although China’s2012revised "the people’s Republic of China Criminal Procedure Law" has been the defense lawyer investigation of evidence of the relevant provisions of the amendment and supplement, but can not completely solve the provisions in practice and evidence collection. First of all, Defense lawyer in the litigation process existence exists in criminal procedure, the justice of the procedure, the five basic procedure based on. Secondly, the finite lawyer investigation and defense lawyers have contradiction, scope of evidence in the practice of the right of investigation and evidence collection of evidence of risk itself, by application type and autonomous forensics way hinder; defense lawyer may be due to the shortcomings of the current defense lawyer investigation evidence system to accept criminal sanctions itself because of the risk of. Finally, through the investigation in criminal litigation system and the criminal responsibility of the pardon system in the substantive and procedural introduction, analysis and the introduction to the full realization of China’s criminal defense lawyer investigation of evidence system to make provisions and the judicial effective suggestions.