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刑事申诉阶段律师调查取证是行使申诉权利的重要方式,调查取证权是律师诉讼权利的重要组成部分。特别是在刑事申诉阶段中,律师合理行使调查取证权对于一些案件走向具有决定性作用。调查取证制度的完善可以说是实现庭审实质化的前置性环节。刑事申诉阶段的律师调查取证权作为完善调查取证制度的一部分,然而现阶段的司法实践中,刑事申诉阶段的律师调查取证权出现制度上的阙如,不利于刑事申诉工作的有效开展。本文仅探讨刑事申诉阶段律师的调查取证权。
At the stage of criminal appeals, lawyer investigation and evidence collection is an important way to exercise the right of appeal. Investigation and evidence collection is an important part of lawyer’s litigation right. Especially in the stage of criminal appeals, it is of decisive importance for lawyers to exercise the right of investigation and evidence collection for some cases. The improvement of the system of investigation and evidence collection can be regarded as the forefront of the substantive trial. At the stage of criminal appeals, the lawyers ’right of investigation and evidence collection as part of perfecting the system of investigation and evidence collection, however, in the current stage of judicial practice, the lawyers’ investigation and evidence collection right in the criminal appeals stage appears to be lacking in system, which is not conducive to the effective implementation of criminal appeals. This article only discusses the lawyer’s right of investigation and evidence collection in criminal appeals stage.