论辩护律师的调查取证权-诉讼法学专业论文.docxVIP

PAGE PAGE 3 Abstract The Criminal Procedure Law provides that the defense lawyers duty is to find the evidence that can prove the criminal suspect and the defendant innocent, defend the criminal suspect and the defendant’s lawful rights and interests according to the facts and law. The defense lawyers right to investigate evidence is important to carry out that vital role. However, our legal system to investigate evidence is not enough to protect the defense lawyer’s right of investigation and collecting evidence . Therefore, we need to have the defense lawyer’s right of investigation and collecting evidence for further study. This article is divided into four parts . The first part is outlined. The so-called defense lawyers in criminal proceedings refer to the lawyer who accept the entrust of the suspect and the defendant or designated by the judicial organs to help them how to use their right of defense to defend the criminal suspect and the defendant’s lawful rights and interests according to the law. Although the Criminal Procedure Law does not have a clear position for the lawyer at the investigation stage of criminal procedure , in its essence, a lawyer at this stage can only be a defense lawyer. Defense lawyers must have certain rights to carry out their duty. The right of investigation and collecting evidence is a important right to defense lawyers. It is the right to investigate the facts and collect the relevant materials to the witness , the victim and the relevant units and individuals .That the defense lawyer caary out their right of investigation and collecting evidence has great significance to protect Defense right and achieve substantive and procedural justice . The second part introduces the foreign defense lawyer’s right of investigation and collecting evidence. From the two law systems, the Common Law System’s prosecutor and the defense forces are more balanced. The defense and the prosecutor are the parties in criminal procedure, and the lawy