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律师拥有的调查取证权没有强制性,因此,在实际的刑事调查中所涉及的个人或单位没有义务参与作证,所以一旦被调查人不配合调查工作,取证就会难以继续。保障律师调查取证权贯彻落实,必须赋予其法律效力,给予律师有强制取证的权利。唯有如此,才能够制衡刑事审判中控辩双方的力量,使律师能够更有效地维护犯罪嫌疑人的权益。保障律师的调查取证权并完善相应制度,能够更有效地促进司法公正、社会和谐。
Lawyers have the right to investigation and evidence collection is not mandatory, therefore, involved in the actual criminal investigation of individuals or units have no obligation to participate in the testimony, so once the respondent does not cooperate with the investigation, the evidence will be difficult to continue. To guarantee lawyers’ ability to investigate and collect evidence, we must give them legal effect and give lawyers the right to make evidence. Only in this way can we balance and check the power of both prosecutors and defenders in criminal trials so that lawyers can more effectively safeguard the rights and interests of criminal suspects. Safeguarding the lawyers’ right of investigation and obtaining evidence and perfecting corresponding systems can promote judicial fairness and social harmony more effectively.