论辩护律师的调取证据权

On Defense Counsel ' s Power of Investigating and Taking Evidence

调取证据权是辩护律师了解案情权的重要组成部分，是我国刑事诉讼法和律师法赋予辩护律师的一项重要的诉讼权利，也是犯罪嫌疑人、被告人辩护权的延伸和补充。从现行规定与立法缺陷、司法概念和价值体现、制度完善三个方面，对辩护律师的调取证据权展开探讨。

The power of investigating and taking evidence is an important part of defense counsel's right to information. It is also an important procedural right endowed on defense connsel by our country's criminal procedure law and law of advocates. It is the extension and supplyment of the suspect's and the defendant ' s right to defense as well. This article inquires into defense counsel' s power of investigating and taking evidence in three aspects: the current rules and the flaw in legislation; judicial concept and reflection of value; the Perfection of system.