The Lawyer’s Right Of Investigation And Evidence Collection In The Investigation Stage

The hardness of lawyer’s investigation and evidence collection has troubled lawyers for a long time.In these reasons,the limitation of investigation is always easily neglected.In the past,there exist some obstacles when taking the witness and the victim as the investigation object.The purpose of lawyer’s right of investigation and evidence collection is to broaden the way of investigation and evidence collection,and to improve the success rate of investigation and evidence collection and the competency of evidence.At the same time,it embodies the equality of participating in the investigation and evidence collection.But the lawyer’s right of investigation and evidence collection are rarely embodied in our country relevant law,and its exercises still lack effective guarantees in practice.Some lack of these guarantees is from legislation,and some is from institution.Therefore,there is still something for us to do in the way of strengthening the investigation and evidence collection.This paper tries to analyze the problems of lawyer’s right of investigation and evidence collection in legislation and in practice,taking the criminal suspect as the research object,and then put forward to perfect and improvement countermeasures.This paper is divided into five parts.The first part:The concept of lawyer’s right of investigation and evidence collection is expounded firstly.There are two definitions about it according with specialized and generalized.The Lawyer’s right of investigation and evidence collection in this paper is the specially definition.And then the features of the lawyer’s right of investigation and collecting evidence are described,including the mean’s non-compulsory,the singleness of objective and the complementariness of function.Finally the research object of this paper,the lawyer’s right of investigation and evidence collection aiming at the criminal suspect,is mentioned,then discussing the research value and significance of lawyer’ s right of investigation and evidence collection aiming at the criminal suspect.The second part:The content of the lawyer’s right of investigation and evidence collection aiming at the criminal suspect are listed.According to the relevant regulations of the current law,the lawyer can learn about the details of a case from the criminal suspect,select evidence from the criminal suspect and apply for judicial expertise and evidence selection.The third part:The third part is about the guidelines which should be obeyed when the lawyer investigate the criminal suspect.According to the existing problems while the lawyer investigates the criminal suspect,it is necessary to establish some criteria and ensure the investigation action are always in the legal bound.These guidelines include four parts:prohibition of secret investigation and prohibition of false confession of the criminal suspect under the lawyer’s temptation or threaten or collusion,and prohibition of concealing or destroying or forging the evidence,and prohibition of disclosing the information which does harm to criminal suspect.The fourth part:In this part,we will analyze the obstacles existed in the operation of the lawyer’s right of investigation and evidence collection.According to the different reasons,we classify the obstacles into certain types.These obstacles include deficiency in legislation,the imbalance of the lawyer and investigation organ,and so on.The fifth part:Improvement measures will be proposed in the last part according to the obstacles which have been mentioned in the fourth part.Based on the analysis of obstacles and the its reason in part four,we will talk about the improvement measures of lawyer’s right of investigation and evidence collection in part five.These improvement measures include perfecting legislation and keeping balance between the lawyer and investigation organ,and more.