Research On The Construction Of The Lawyer Investigation Order System

The law explicitly give the lawyer shall have the right to investigation,this to guarantee its work in the law,better maintain the benefit of the agent has very important significance.However,in practice often appear when a lawyer to personal investigation,especially the witness,for fear of later suffered retaliation and dare not testify,refused to give evidence;In the investigation to relevant units,also often unhindered.It is against this background,combined with the practice in some places the court needs to continuous innovation,the system of "investigation".Since 1998,the Shanghai changning district court investigation system of the pilot,because of its unique advantages to a wide range of reference by other regions,not only created quite a stir in the practice level,but also caused many scholars in the theoretical aspects of thinking.In this paper,the general train of thought of writing is as follows: the first is to investigate the cognizance of the connotation definition and its properties,in addition to the necessity of building a system that has carried on the certain discussion;Secondly based on the typical district court on lawyer investigation makes exploration system,summarizes the current research makes the rules,to get some of the results in the pilot and analyzed,some problems exist in implementation of;Again,the lawyer for the continental law system and Anglo-American law system investigation methods of investigation,through the comparison of the overall analysis,reference can be used for our current practice beneficial experience;Finally in the vision to build our system of investigation for specific details,mainly is the body of the investigation to application,application conditions,the applicable scope,abuse of limit,the court for examination and approval procedures,methods,people will not be surveyed with the legal consequences such as proposed own some views.