我国辩护律师调查取证权之实证研究——以A省3市为例的分析

An Empirical Study on the Right of Defense Lawyers' Investigation and Evidence Collection in China——An Analysis of 3 Cities in A Province

经对A省3市的3所检察院进行实证研究后发现,十八届三中全会提出"以审判为中心"的司法改革建议后,检察院各环节对律师权益的保障均有不同程度的提高,也在不同程度上缓解了律师"三难"问题。相较于正在落实中的"电子卷宗"对律师阅卷权的保障而言,调查取证的难题尚未得到根本解决。律师调查取证权的保障具有深厚的法理基础,然而,唯有探寻目前司法实践中调查取证"难"之具体所在,并深刻分析其成因,方能提出有效解决之对策。

An analysis based on an empirical study of 3 cities in A province shows that the rights and interests of lawyers have been improved in procuratorate after the Third Plenary Session putting forward the principle of ＂trial as the center＂, which has relieved the so-called ＂three difficulties＂ facing lawyers. The problem of the difficulty of investigating and obtaining evidence has not been solved fundamentally, compared to the implementation of the ＂electronic portfolio＂ on the protection of the right of lawyers. Only by c larifying the theoretical basis of the right to investigate and collect evidence, founding the difficulties at the current practice, making full analysis of the reasons for the ＂difficulty＂, can we put forward effective measures the lawyer＇s difficulty.