The Lawyers' Right Of Investigation

It's difficult for the lawyer to investigating and collecting evidence.Which is restrict the development of lawyers in our country.Although the lawyer's law and the criminal procedure law have recognized the lawyer's right of investigation,the lawyer's right of investigation is still difficult to implement.The provisions of Article 306 of the Criminal Law on the perjury of lawyers still become the main risk of lawyer investigation and evidence collection.In practice,China's lawyers exercise the right to investigate and collect evidence,the full implementation of the defense obligations of the situation is not optimistic.Through the pursuit of the balance of laws and regulations and the emphasis on the protection of lawyers 'rights,it can be concluded that there is a need and reasonable reason to further strengthen the lawyers' right of investigation and prosecution,and to safeguard the rights and interests of lawyers in order to effectively protect the suspects,The legitimate rights and interests of the defendant are not infringed by public power.As the judicial scholars and theoretical research on the basis of criminal defense as the perspective to study this case,the civil and commercial areas of lawyer investigation and evidence collection has been ignored,coupled with the pressure of court forensics in recent years and the emergence of civil investigation,So I think it is necessary to look at the lawyers' right of investigation and prosecution from the perspective of the protection of lawyers and interests of lawyers to investigate the depth and breadth of this matter.Therefore,the idea of this article is from the criminal,civil and commercial areas were investigated the status quo and problems of the lawyers' right of investigation and prosecution,to lawyers to investigate and collect evidence of the three manifestations,namely self-investigation,application investigation and authorization investigation(investigation writ)as the main content to elaborate.The first chapter is an overview of the lawyer's right of forensic evidence.Firstly,it basically defines the legal basis of the lawyer's right of forensic evidence,mainly from the angle of the theory of procedural law.This paper expounds the similarities and differences between lawyers 'investigation and evidence collection in the dialectical relationship between the change of litigation mode and the development of lawyer' s investigation and withdrawal right.Finally,it discusses the significance of investigating lawyers' right of investigation and evidence.The second chapter introduces the legal regulation and the current situation of judicial practice of lawyers' investigation and evidence acquisition.The present law and the causes of the lawyer 's investigation and evidence collection in the practice of the effective legal norms in China.The third chapter deals with lawyers' self-investigation and private investigators.From the beginning of this chapter to the fifth chapter are the lawyer investigation and evidence collection mode of discussion,lawyers to investigate their own and private investigators are self-investigation of the scope of the civil business in the field of lawyers to investigate their own means and their cooperation.The fourth chapter introduces the lawyer application investigation mode.Refers to the lawyer in the field of criminal proceedings to investigate the right to seize,mainly from the court with the degree of cooperation with the prosecution and discuss to carry out procedural relief.The fifth chapter is the authorization investigation-the implementation of the investigation of the writ.To discuss the feasibility of the court to grant the investigation order as a mode of implementation and to make relevant suggestions for perfection in addition to the third model other than self-investigation(private investigation)and application investigation.