论我国辩护律师的调查取证权

发布时间：2019-03-29 14:48

【摘要】：辩护律师的调查取证权在律师的诉讼权利中占有非常重要的位置，在我国法治化逐步发展的过程中，，会赋予律师更多的权利以保护犯罪嫌疑人、被告人的正当权利。但在立法方面，现行《刑事诉讼法》对于辩护律师调查取证权有关规定严重阻碍了调查取证权制度的发展，而新修正的《刑事诉讼法》在立法方面有了很大的进步，但涉及最实际方面的第37条的规定并没有修改，新修订的《律师法》又在实践中没有很大的操作性。为了解决这些难题，文章对我国辩护律师调查取证权的基本理论进行了详细地论述以便更好地理解辩护律师的调查取证权制度。同时对两大法系国家对律师调查取证权制度进行概括和比较，以期借鉴和吸收其精华。然后对我国辩护律师调查取证权的问题进行分析，最终提出对辩护律师调查取证权的完善方面的建议。
[Abstract]:The defense lawyer's right to investigate and collect evidence occupies a very important position in the lawyer's litigation right. In the process of the gradual development of the rule of law in our country, lawyers will be given more rights to protect the legitimate rights of criminal suspects and defendants. However, in terms of legislation, the provisions of the current Code of Criminal procedure concerning the right of defence counsel to investigate and obtain evidence have seriously hindered the development of the system of the right to investigate and obtain evidence, and the newly amended Code of Criminal procedure has made great progress in legislation, However, the provisions of Article 37, which involve the most practical aspects, have not been amended, and the newly amended Law of lawyers has not been much operational in practice. In order to solve these problems, this paper discusses in detail the basic theory of defense lawyers' right to investigate and take evidence in order to better understand the system of defense lawyers' right to investigate and obtain evidence. At the same time, the author summarizes and compares the system of lawyer's right to investigate and take evidence in the two legal systems, so as to draw lessons from and absorb the essence of the system. Then the author analyzes the right of defense counsel to investigate and collect evidence, and finally puts forward some suggestions on the perfection of defense lawyer's right to investigate and collect evidence.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.5;D925.2

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