辩护律师证据调查权的比较考察

长期以来,刑事诉讼中辩护律师的证据调查权无法得到保障是司法实践中的一大难题,新律师法虽然对辩护律师的会见权、阅卷权、调查取证权等方面进行了修改,但是司法实践中却呈现出新的困境,使得修订法律的立法本意无法得到实现,如何进一步完善辩护律师的证据调查权便成为当务之急。

Exploring Defense Counsel's Rights of Investigating Evidence

It has been a problem that defense counsel s rights of investigating evidence is hard to be guaranteed in the criminal lawsuit for a long time.Although some rights have already been modified,for example,defense counsels have right to meet criminal suspects and defendants,to access,extract and copy the case documents and materials,and to access evidence or witnesses in the new Lawyer s Law.Meanwhile,new plight appears in judicial practice,which makes the legislative intention not to be achieved.Therefore,how to further enhance the right of investigating evidence has become emergent.