The revision of the Criminal Procedure Law in 1996 enabled lawyers to participate in pre-trial proceedings, enhanced the defense capabilities of criminal suspects, improved the procedural structure of this stage of litigation, and enabled pre-trial proceedings with administrative crimes It began to take on a certain form of litigation. However, shortly after the revised Criminal Procedure Law was implemented, lawyers encountered unprecedented difficulties in defending themselves during pretrial proceedings. According to the general view of lawyers and judicial administrative departments, lawyers have three major difficulties in the pre-trial stage of criminal trials: difficulty in meeting, difficulty in reading papers, and difficulty in investigation and evidence collection.
1. Some lawyers believe that in addition to the above three difficulties, there are two major problems: "difficulty in obtaining bail" and "difficulty in safeguarding rights." The former refers to the difficulties that lawyers encounter when applying for bail pending trial or changing the compulsory measures against criminal suspects. The latter refers to the problem that lawyers often encounter when investigative agencies and public prosecution agencies take criminal prosecution measures against them at will.
2. Some lawyers even believe that the provisions of the 1996 revised Criminal Procedure Law regarding lawyers’ rights to review papers and the right to investigate and collect evidence are a serious setback compared with the revised Criminal Procedure Law. In addition, Article 306 of the Criminal Law is also a trump card hanging over the heads of defense lawyers, and the problem of investigation and evidence collection constitutes a "legal trap" in the practice of lawyers.
3. Obviously, these "dilemmas" show that the litigation rights granted to lawyers by the Criminal Procedure Law, including meeting with criminal suspects in custody, reviewing case files, applying for changes in compulsory measures, investigating and collecting evidence, etc., are all in varying degrees. Dilemma has become a "right" that is difficult to implement and cannot obtain relief.