| Evidence is the foundation of civil litigation.The gathering of evidence is the core of civil litigation,and is the key factor to the success of representing the civil litigation by lawyers.Speaking of the gathering of evidence,the regulations of lawyer's right of investigation relating to civil law will come up.In China,there are laws stipulating that lawyers have the right of investigation.However,due to the imperfect legislation and the lack of corresponding redress measures,lawyer's right of investigation is always been limited in judicial practice.Guaranteeing lawyer's right of investigation would safeguard the rights of the parties,as well as the realization of fairness and justice of the society.In addition,it will promote the legal progress in China.There are three parts in the article.Part One,Lawyer's Right of Investigation Relating to Civil Law & Necessity of Legal Guarantee.In this part,we will analyze the necessity of legal guarantee of lawyer's right of investigation relating to civil law,based on its concept and property.Part Two,Legislation & Difficulties of Lawyer's Right of Investigation Relating to Civil Law.The first section will go through the history of legislation and present situation,and summarize the source and range of lawyer's right of investigation.The second section,by analyzing the exercise of lawyer's right of investigation in civil cases combining with the legislation,carries out the difficulties of lawyer's right of investigation in practice.Part Three,Suggestions of Legal Guarantee of Lawyer's Right of Investigation Relating to Civil Law.As the problems revealed above,methods of legal system improvement and rights achievement will be advised,with the guiding ideology of the Party Central-Committee and the State Council.Based on the analysis of the current situation on legislation and practice of lawyer's investigation,solutions of improving the litigation system will be suggested,to Guarantee lawyer's right of investigation relating to civil law. |
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