Defense Attorney Investigates Evidence Rights Research

The right of defense lawyers to investigate and collecting evidence,as an important part of the defense lawyers' exercise of defense rights,is of great significance to the judicial authorities in ascertaining the truth of the case,safeguarding the legitimate rights and interests of the person being prosecuted and implementing a trial-centered criminal procedure system.The thesis is divided into six parts: the first part introduces the case of Lawyer Zhang Shimeng in order to reveal the phenomenon of the difficulty of investigating and collecting evidence by defense lawyers in China at the present stage,and analyses the current situation of the exercise of the right to investigate and collect evidence by defense lawyers in China and the problems that exist;the second part introduces the basic theory of the right of defense lawyers to investigate and collect evidence in China from the basic concept and characteristics of the right of defense lawyers to investigate and collect evidence,and analyses the value of the exercise of the right of defense lawyers to investigate and collect evidence in achieving substantive justice,promoting equality between the prosecution and the defense and contributing to the protection of human rights;the third part analyzes the reasons why it is difficult for defense lawyers to investigate and collect evidence in China;the fourth part introduces the two types of investigation and evidence taking by defense lawyers in China,namely,self-investigation and application for investigation and collecting evidence,and the debate on whether defense lawyers have the right to investigate and collect evidence during the investigation stage;the fifth part introduces the relevant regulations and systems of defense lawyers' investigation and evidence collection in common law countries and civil law countries;in the sixth part,in response to the above problems,suggestions are made to improve the defense counsel's right to investigate and collect evidence in China,such as optimizing the two major investigation methods,refining the relevant provisions for defense lawyers to investigate and collect evidence during the investigation stage,establishing a criminal defense immunity system and improving the perception of the community on the defense counsel's exercise of the right to investigate and collect evidence.