Researching On The Protection Of Defense Lawyers' Right To Investigate And Obtain Evidence

In recent years,with the progress of the society in our country,the improvement of the rule of law civilization and the state of the status of defense attorney,attaches great importance to the lawyer's professional environment continuously improved,defense lawyer litigation rights,especially the use of the right of investigation have also been more and more attention.The revision and improvement of the relevant laws and regulations of the defense lawyers' litigation rights have played a positive role in the protection of the investigation and evidence rights of defense lawyers.However,due to the variability and complexity of reality,in practice,defense lawyers still face a serious problem of obtaining evidence.The criminal procedure law and the changes of the lawyers,the lawyer to meet,the right to read,such as litigation rights have made further perfect,to exercise of the right of investigation and the safeguard of the defense played a role in maintaining,has important practical significance.However,in judicial practice,due to the lag of legislation and the dynamics and complexity of the practice environment of defense lawyers,defense lawyers often encounter many obstacles and obstacles when they exercise their investigation and evidence collection.The main performance is: at the present stage,there is no clear stipulation on whether the defense lawyer has the right to investigate and collect evidence in the investigation stage;The difficulty of the defense lawyers' meeting and the difficulty of reading the paper still exist,which is not conducive to the smooth exercise of the investigation and evidence right.The existence of article 306 of the penal code increases the risk of the defense lawyer's self-evidence,so that the defense lawyer can not play his own evidence.Relevant laws and regulations are more general in terms of the procedures and scope of the defense lawyers' investigation of the right to obtain evidence,which makes the rights of defense lawyers vulnerable to infringement.When the public authority obstructs the defense counsel to exercise the right of investigation and collection of evidence,the laws and regulations shall not be stipulated in this respect.Defense lawyers have less recourse when investigating the right of evidence.By reading the laws and regulations relating to the right of defense lawyer investigation,combined with China's defense lawyer's practice in the exercise of investigation power,in order to grasp the right of defense lawyer investigation of the defects in the system.Then it puts forward some specific Suggestions for improvement: make it clear that defense lawyers have the right to investigate and obtain evidence in the investigation stage;Optimize the relevant provisions of article 306 of the criminal law to prevent the blind conviction of defense lawyers;Fully guarantee the realization of the right to interview defense lawyers,expand the scope of the right to review documents of defense lawyers to facilitate the exercise of their right to investigate and collect evidence;We will strengthen the legal way of implementing the right of defense lawyers to investigate and obtain evidence,so that the way of defense lawyers to obtain evidence can be put into practice.Improve relevant conditions to increase the number of times that defense lawyers collect evidence by themselves;Clarify the functions and responsibilities of the court and the procuratorate to ensure the exercise of the defense lawyer's application for investigation and evidence collection;The relief measures and ways to increase the right to investigate and collect evidence from defense lawyers are also increased.