2. The legislation of lawyer's right to be present in the criminal investigation stage is lacking. According to the provisions of the Criminal Procedure Law, a criminal suspect can hire a lawyer to provide legal advice, appeal on his behalf, apply for bail pending trial, meet with the criminal suspect in custody and learn about the case from the criminal suspect after the first interrogation by the investigation organ or the day when compulsory measures are taken. However, lawyers can't provide legal services for the parties in the process of interrogation by investigation organs. The investigation of criminal proceedings in China is carried out in a closed and secret state. It is not known whether the investigation organ has adopted the investigation methods that violate the principles and regulations of evidence collection, such as inducing confessions, and whether the legal rights of the criminal suspect have been infringed by the absence of lawyers. This legislative defect brings great difficulties for lawyers to intervene in criminal proceedings in advance, which directly affects the realization of lawyers' defense function in the trial stage.
3. The exercise of lawyers' right to read papers and collect evidence is restricted. Fully exercising the right to read papers and obtain evidence is the premise for lawyers to fully exercise their right to defense. However, due to the convergence of laws and other reasons, the right to read papers and obtain evidence can not be fully exercised at present.
4. Legislative discrimination. Article 306 of the Criminal Law specifically stipulates the crime of "defenders destroying evidence, forging evidence and obstructing testimony". This crime has set obstacles for lawyers to defend themselves, and has become the "sword of honour" for investigation and public prosecution agencies to retaliate against and intimidate lawyers. Judicial organs often retaliate against lawyers for this crime and abuse judicial power to take coercive measures such as restricting personal freedom against defense lawyers. Every year, many criminal defense lawyers are wrongly arrested and misjudged by judicial organs, which leads lawyers to be timid in criminal defense and dare not investigate the real situation boldly, which affects the quality and effect of defense.
5. artificially set up obstacles to the meeting. The Criminal Procedure Law and other relevant laws and regulations and judicial interpretations stipulate that lawyers can meet with criminal suspects and defendants, and stipulate that for cases that do not involve state secrets, lawyers do not need the approval of the investigation organ to meet with criminal suspects. If a lawyer proposes a meeting, the investigation organ shall arrange a meeting within 48 hours.
6. The collective discussion system of the judicial committee needs to be improved. China has always implemented the system of collective discussion by judicial committees. According to the provisions of the Criminal Procedure Law, the judicial committee has the right to discuss and decide difficult, complicated and important cases. However, the Committee discussed the case in secret and generally did not produce evidence. Members of the Audit Committee do not read papers, do not see the parties, do not participate in the trial, and do not directly listen to the statements, debates and defenses of the parties. They only listen to the report of the case undertaker and decide the verdict of the case according to the case report written by the case undertaker. This system, which is not open and transparent, and only judges do not try, reduces the relevance between lawyer's defense and trial results, and weakens the role of lawyer's defense to some extent.