我国宪法和法律规定了公民广泛的权利,但这些权利要真正落实还需要坚实的物质保障和一系列配套制度的完善。国家确立的律师制度确实让许多受到非法侵害的社会主体得到权利救济和保障。能否最大限度地实现当事人合法权益是衡量有关律师制度立法成败的标准。本文仅对分散于诉讼与律师法律规范中的有关律师调查取证权立法问题作一简单探讨。 Our country’s constitution and laws stipulate a wide range of citizens’ rights. However, the realization of these rights requires a solid material guarantee and a series of complementary systems. The lawyer system established by the state does allow many illegally infringed social subjects to receive rights relief and guarantees. Whether we can maximize the legal rights and interests of the parties is a measure of the success or failure of legislation in the legal system. This article only briefly discusses the legislation about the right of attorney investigation and obtaining evidence which is scattered in the legal norms of lawsuit and lawyer.