The Study of Defendant' Defensive Right in the Procedure of Investigation——From the angle of defendant's right of investigation and collection of evidence

In the criminal procedure,the operational condition of the procedure of investigation will directly influence the result and efficiency of the follow-up review and prosecution and trial procedure.It was regulated in most west countries by law that the side of defendant has the right of investigation.But at present in china,the power distribution between investigative organ and defendant is out of balance.The organ of investigation is endued powerful right of investigation and it is short of indispensably mighty restrictions.However,for the lack of right of investigation,the side of defendant has little right to protect himself.Moreover,the defendant has no efficiently remedial means,so that many problems are produced.Not only from the angle of legal principle of lawsuit but also the protection of human rights,it is certain that in the procedure of investigation the side of defendant should has the right of investigation.