Lawyers’right of gaining evidence in civil litigation is a right to be offered relevant evidence such as testimony of witnesses and exhibits holders possess (including documentary evidence, exhibits, audio-visual materials, etc.

Establishing the attorney s right of investigation and obtaining evidednce during the investigation and prosecution stage is favorable to realize the justice of criminal lawsuit in substance and procedure and in our country there is no related legislation which always causes conflicts between attorneys and investigation organs.

In practice,related authorities generally forbid defendant lawyers from investigating other detainees except the interested parties,which leads to that defendant lawyers\' right of investigation is defeated.