Research On Conservation Of Evidence

Conservation of evidence, as an important evidence regulation, lies in some normative document of law in China. The Situation don't agree with the role in the evidence law. The author wishes to set up our complete systems of deposition by witnesses. In order to build the regulations of conservation, we should confirm some theoretical question. For example, the conception of evidence conservation, the scale of using deposition by witnesses, the barrier to set up the deposition by witnesses. The article provides that the notarial department should be the subject of deposition by witnesses. As to the second question, the article provides that deposition by witnesses could be used in all contentious procedures. At the end of the first part, the article provides that there are two barriers to set up deposition by witnesses. Based on the three questions above, we talk about the beginning of deposition by witnesses, the execution of deposition by witnesses,etc. In the last part, the author puts forward some Suggestion on completing conservation of evidence. The first, we should set up deposition by witnesses before the institution of an action. The second, we should prefect the procedure of deposition by witnesses. The last, we should accelerate the reform on the notarial department.