律师对维护当事人合法权益,沟通当事人及公安司法机关的关系,促进刑事诉讼顺利进行方面有着十分重要的作用。律师调查取证权是实现律师功能的重要保障,而律师该项权利在立法及实践中均存在诸多问题,严重阻碍了律师顺利开展工作。为了最大限度地发挥律师的功能,必须赋予律师合理的、更有保障的调查取证权及调查取证请求权。 Lawyers have a very important role in safeguarding the legitimate rights and interests of the parties, communicating the relationship between the parties and the public security and judicial organs, and promoting the smooth progress of criminal proceedings. Lawyers’ right to investigate and collect evidence is an important guarantee for the lawyer’s function. However, there are many problems in the lawyer’s practice of this law, which seriously hinders the smooth development of lawyers. In order to give full play to the functions of lawyers, it is necessary to give lawyers reasonable and more secure investigation and evidence collection evidence and the right to investigate and obtain evidence.