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为增加抗辩力度,有必要在法律中规定犯罪嫌疑人及被告人有收集证明自己无罪、罪轻证据的权利。犯罪嫌疑人及被告人证据收集权来源于辩护权,赋予犯罪嫌疑人及被告人证据收集权不仅是现实需要,也符合国际准则。犯罪嫌疑人及被告人证据收集权的实现有法律明确授权并明确其证据调查请求权,律师协助收集证据等三种途径。
In order to increase the degree of defense, it is necessary to stipulate in the law that the suspect and the accused have the right to collect evidence of their innocence and their guilt. The evidence collection rights of criminal suspects and defendants come from the right of defense. It is not only realistic need but also international standards to grant the right of evidence collection to criminal suspects and defendants. The realization of the right to collect the evidence of suspects and defendants is clearly stipulated by the law and clarified the right of investigation of the evidence and the assistance of lawyers in collecting evidence.