证据裁判原则和律师责任都在客观上要求律师必须提高其有效辩护能力。而有效辩护的判断标准不仅体现在律师的辩护意见要被法官所采纳,更为重要的是在律师收集证据的手段要具有实效性。辩护律师收集证据有两种方式:自行取证和申请调查取证。自行取证行为受律师自身缺陷和刑事辩护风险高制约,申请调查取证受立法规定的不完善、证人出庭率低、业绩考核机制和庭后案卷移送制度等原因而失去存在发展的空间。 Both the principle of evidence adjudication and the responsibility of lawyers objectively demand that lawyers must improve their effective defense ability. The criterion of effective defense is not only reflected in the fact that the defense counsel should be adopted by the judge, but more importantly, the means by which lawyers collect evidence should be effective. Defense lawyers to collect evidence in two ways: to collect evidence and apply for evidence. Owing to the lawyers’ own defects and the high risk of criminal defense, the forensic act of their own use loses the room for development due to the imperfect legislative provisions, the low attendance rate of witnesses, the performance appraisal system and the transfer system of files after the court.