调查取证权的充分有效地被行使不仅有利于发现案件的真实情况,也有利于促进控辩均衡,更好地维护犯罪嫌疑人、被告人的合法权益。然而在当前,无论是在立法上还是在实践中,其行使均存在着重重问题。本文将从其困境构成分析中寻求完善之对策。 The full and effective exercise of the right of investigation and evidence collection not only helps to find out the real situation of the case, but also helps to promote the balance between prosecution and defense and better protect the legitimate rights and interests of criminal suspects and accused. However, at present, both in legislation and in practice, there are serious problems in their exercise. This article will look for the perfect countermeasure from its dilemma constitution analysis.