Research On The System Of Lawyers’ Right To Investigate And Collect Evidence

Under the background of accelerating the process of social modernization,social structure and social relations have changed.At present,the existing judicial governance system is difficult to meet the public’s demand for judicial security.The new judicial governance system needs to be innovated and improved.The application of the system of lawyer’s right to investigate and collect evidence can strengthen the confrontation and supervision in litigation activities,and make the examination and judgment of cases more fair.Bringing the lawyer’s right of investigation and evidence collection into the scope of independent evidence collection right of diversified subjects can not only make up for the current situation of the surge of litigation cases and the shortage of case handling personnel,but also play its "catfish effect" in the inherent judicial governance system and promote the Efficient Adjudication of cases.But its function depends on the perfection of its own system and diversified evidence collection mode.Therefore,how to correctly understand and play the role of lawyers’ investigation and evidence collection mechanism? And how to reconstruct the system of lawyer’s right to collect evidence and investigate? This paper aims to discuss the above problems.Based on the above thinking,this paper is divided into four parts to analyze the above problems.The introduction takes the challenge of the change of the public’s demand for judicial security to judicial governance as the breakthrough point,puts forward the problems and research objects of this paper,and arranges and comments on the relevant literature as the research basis of this paper.The second part discusses the goal of judicial governance and the specific challenges faced by the change of judicial security demand.First of all,from the perspective of judicial governance,the goal of its governance is to achieve judicial justice,judicial efficiency and judicial independence,and its core value orientation is to achieve judicial justice,that is,to achieve substantive justice and procedural justice of case adjudication.Provide a theoretical basis for the following discussion.Secondly,it discusses the challenges to judicial governance from the change of public judicial security demand.The disputes arising from the new social relations impact on the existing legal knowledge system,and the public pay more attention to the pursuit of judicial justice and judicial efficiency,and pay more attention to the protection of human nature.These are questions about the current judicial governance system.The third part combs the limitations of the existing investigation and evidence collection mechanism from the existing legal provisions and system.On this basis,it puts forward the idea of alleviating this limitation through lawyer investigation and evidence collection,and discusses the positive function of lawyer investigation and evidence collection on judicial governance.In the fourth part,on the basis of the above,suggestions on the improvement of the lawyer’s right of investigation and evidence collection under the diversified investigation and evidence collection mode.This paper discusses the principles of bringing the diversified evidence collection mode into the system of lawyer’s investigation and evidence collection,namely,the principle of multiple parallel and coordination,the principle of matching rights and responsibilities,and the principle of fair and efficient procedure.Under the guidance of the above principles,suggestions are put forward from the aspects of constructing multi subject investigation and evidence collection mode including lawyers,increasing the application of entrusted investigation and evidence collection in criminal proceedings,improving the procedure system of lawyer investigation and evidence collection,constructing the relief mechanism of lawyer investigation and evidence collection,and constructing the supervision mechanism of lawyer investigation and evidence collection Accelerate the construction of legal professional community to promote the perfection of judicial governance system.The innovation of this paper is mainly reflected in the following aspects: from the perspective of responding to the changes in the demand for judicial security of the public,and within the framework conducive to the innovation and improvement of the judicial governance system,this paper discusses the limitations of the existing investigation and evidence collection system and the positive significance of the lawyer’s investigation and evidence collection right system.In order to better realize the judicial justice and judicial efficiency that the judicial governance pays attention to,from the perspective of legislation and practice,this paper puts forward some suggestions on the improvement of the lawyer’s investigation and evidence collection system under the multi subject investigation and evidence collection mode.