新律师法实施后律师刑事取证权的保障问题

律师在侦查阶段享有调查取证权在法律上已不是问题，但是律师们基于潜在的职业风险在实践中却不敢使用，这值得我们认真反思；律师的调查取证权具有民间调查的性质，不具有强制性，有关单位和个人并无向律师提供证据和作证的义务，因此律师调查取证仍需经过被调查人的配合或同意，否则难以实施；律师的申请取证权如要得到落实，必须赋予律师取证申请以法律效力，明确法院拥有强制取证的权力，给予律师必要的权利救济等；为了强化辩方的取证能力，化解律师职业风险，应当允许律师聘请私人侦探代为刑事调查取证。

Protection of Lawyers' Evidence Collection Right in Criminal Cases After the Enforcement of Amended Law of Lawyer

While legally lawyer's enjoyment of investigation and evidence right during the phase of investigation,practically they dare not to use their right owing to the potential risk of career,which is worthwhile for us to consider about;lawyers' right of investigation and evidence collection won't be exercised unless the cooperation and consent of the examinee because of its characteristics of private investigation,non-enforcement and related entities and individuals' non-obligation of evidence providing and testimony;in order to implement lawyers' right of evidence collection application,lawyer's evidence collection right must be legalized,courts' authority of obligatory evidence collection must be made clear and necessary right remedies must be conferred to lawyers;additionally,it ought to be permitted that lawyers have the right to hire private detectives to investigate and collect evidence in a criminal case when it comes to the promotion of defendant's evidence collection capability and the decrease of the professional risk of lawyers.