The Reasearch Of The System Of The Preservation Of Criminal Evidence

The evidence preservation is the important content of evidence legislation, is an inalienable part of evidence. In criminal lawsuit, criminal evidence preservation is the core of criminal litigation, criminal evidence preservation system is effective, timely and comprehensive collection and fixed those who tend to disappear and damage, and find out the evidence for the case facts authenticity and objectivity, realize the criminal prosecution of justice, improve the efficiency of criminal procedure and the defendant on protection of the legitimate interests shall be the safeguard.Make a general survey of the criminal procedure legislation in overseas, most countries and regions generally established criminal evidence preservation system, which the party's application for the protection of rights and defense evidence were particularly important for the criminal litigation law guarantee, the balance of interests in both parties, to the realization of the criminal litigation purposes. Inspect the criminal procedure legislation present situation in our country, the 1996 revision of the criminal procedure law only made a regulation for defender, while the system does not make provisions for preservation of evidence, of course, does not give the parties the right to apply for preservation of evidence, this set only criminal cases is not conducive to the discovery of the real entity, is not conducive to the right of the parties and the defense evidence realization of the right, this can not be said that defects in our system of criminal evidence.In this paper, first, the concept of criminal evidence preservation is discussed, and presents the author's point of view, further analyzing the value of criminal evidence preservation system. After inspect and analysis the relevant the system of the countries and regions in overseas, for future reference purposes, and analysis the present situation of our criminal evidence preservation system. To aim at the problems of the criminal evidence preservation system in China, based on the combined with actual situation in our country, learn and absorb the extra-territorial criminal evidence preservation system to establish an advanced place, analysis of criminal evidence preservation system of building the foundation, and puts forward some concrete ideas, including: clear the conditions and application methods of criminal evidence preservation, clear the subject of criminal evidence preservation, establishing the measures of criminal evidence preservation, establish the storage and use the program, Construct the relief program of criminal evidence preservation procedures, in order to perfect the system of our criminal evidence preservation benefit.