审判中心主义下的我国律师调查取证权的研究

On the Lawyers' Investigation and Collecting Evidence Rights under the Trial Center Doctrine in China

当前,在"侦查中心主义"的影响下,辩护律师调查取证权的正常行使存在诸多困境。审判中心主义对律师调查取证权提出了新的要求,即律师调查取证权应当以实现控辩平等对抗为发展方向。故而需要构建贯穿诉讼全过程的控辩平等对抗的诉讼格局,拓宽律师调查取证权行使的时间维度,赋予律师广泛的在场权,完善律师调查取证权行使的保障机制,确保律师调查取证权顺利行使,进而实现控辩平等对抗,助力审判中心地位的形成和确立。

Currently, influenced by the“investigation center doctrine”, many difficulties exist in the enforcement of the lawyers’investigation and collecting evidence rights in China. The trial center doctrine makes new demands on lawyers’investigation and collecting evidence rights. In other words, the development direction of the lawyers’investigation and collecting evidence rights should realize“equal debate of the prosecutor and the defendant”. Therefore, in order to establish a lawsuit pattern that can run through the whole procedure of the equal adversary, it is necessary to broaden the dimension of time of the lawyers’investigation and collecting evidence rights, to give thelawyers a wide range of presence right,to improve the protection mechanism for the exertion of the lawyers’investigation and collecting evidence rights, and to ensure the smooth exertion of lawyers’investigation and collecting evidence rights, so that the equal debate of the prosecutor and the defendant can be achieved , and trial centrality can be formed and established.