The Research Of The System Of The Preservation Of Criminal Evidence

The core question of the criminal prosecution core is how to use the criminal evidence to prove the criminal suspect's criminal facts. The criminal evidence not only is the material base which criminal case dependes establishes, but also is the powerful weapon that the judge of the trial bench urges the criminal suspect confess the crime truthfully , or is the basis that in the entire process of the criminal prosecution the judge determine guilt and weigh the penalty for the criminal suspect. The collection and the confirmation and the storage of the criminal evidence mainly complete by the criminal detection department's detectives, thus the criminal detection department has the extremely vital significance to the preservation of criminal evidence, and is the cornerstone which safeguard the entire criminal prosecution smoothly carries on.This article is divided into four chapters.Chapterâ… is the significance of the system of the preservation of the criminal evidence. Looked from the theory angle, regardless of is in take the laws and regulations as in the starting point Mainland law system criminal prosecution or in take the fact as in the starting point Anglo-American law system criminal prosecution all take the fact and the standard as the basic essential factor, the judge must experience two tages that ascertainment of facts and reference to the law, the former is the foundation of the latter. But ascertainment of facts cannot leave the evidence, therefore, the evidence is the premise of the criminal prosecution and occupies in the criminal prosecution to the core status ,controls to the criminal prosecutions debates bilateral and people's court's judicial activities all has the extremely vital significance. Both sides control debates collect evidence and produce evidence to the people's court and revolves the evidence to carry on debate to supports own lawsuit to advocate to finally realizes own lawsuit goal .Therefore, the collection of the evidence and the preservation of the evidence has become the foundation of the evidence system and even the movement of the entire lawsuit mechanism. As an important way the litigant collects the evidence, the importance of the system of the evidence preserved is self-evident. Looked from the reality angle that, the preservation of criminal evidence has the function to the criminal prosecution entire process which whether there is can substitute. On the one hand, the society's quick rhythm , particular electron evidence appear, the system of the criminal evidence preserved appear the importance. On the other hand, it safeguard the reform of the criminal activity trial way smoothly carries on .Mainly manifests in following several aspects: 1.It is advantageous to verifies the case fact; 2. The consummation the system of criminal evidence preserved is the objective need that safeguard the benefit of defender; 3.The system of the criminal evidence preserved have the vital significance to realize the equal resistance of the accusing party and the defender which the litigant principle trial way requests .Chapterâ…¡is the goal of the preservation of the criminal evidence. Looked from the procedure that the system produce, after a system first has the goal the concrete constitution of the system refore, the goal of the system establishment has the certain decision function to its concrete structure. This part based on the above mentality, inspect the goal of the system of the criminal evidence preserved from the different angle , then analysis the instruction significance of the different goal to the structure of the system of the criminal evidence preserved. The direct of the preservation of the criminal evidence is that safeguard evidence integrity and the pursue lawsuit economy .The procedure goal of the system of criminal evidence preserved is that the preservation of criminal evidence is the procedure safeguard that consummates the collection of criminal evidence .Chapterâ…¢is the analysis of the foreign legal regulation . In the process that the Chinese legal system modern times ,the influence of Germany and Japan is quite big to China, even if today we study the legal culture of two countries so that has the vital significance to construct the rule of law to our country. The stipulation of the system of criminal evidence preserved of Laws of Criminal Procedure of two countries is quite to be exhaustive, is worth our country vigorously profiting from certainly,of course many does not suit our country national condition . It is important that Anglo-America legal system country does not have the system of criminal evidence preserved,the reason has two: first, under the resistance of system lawsuit idea enables the lawsuit litigant of Anglo-America legal system country to pay great attention to the collection of evidence in the certain this avoied degree needing to carry on the situation which the evidence preserved; The second is that the system of evidence writes out of Anglo-America legal system play the role of the evidence preserved in the result significance. Carries on analying to the overseas legislation , the goal lies in profiting from its success place, avoids paying the nonessential price.Chapterâ…£is which constructs the system of criminal evidence preserved that conforms to our country national condition. Although at present our country has not established the system of the consummation criminal evidence preserved, but as a result of the need of criminal judicature practice, our country preserved has made some corresponding stipulations to preserved to the criminal evidence, for example "Law of Criminal Procedure" 37th stipulated that, "Defense attorney may apply for People's Procurator and the people's court collects and chooses the evidence, or applies for the people's court to inform witness to appear in court", moreover there are some related judicial interpretations. But regardless of the judicial interpretation which the Supreme People's Court issued and the Supreme People's Procurator ate issues "the People's Procurator ate Criminal prosecution Rule", also perhaps six ministries and commissions united issue the judicial interpretation, cannot place on a par in the legal effect with "Law of Criminal Procedure", from this we may see the stipulation of our country about the question to the criminal evidence preserved merely to have pitiful, this cannot satisfy the criminal judicature practice by far the demand which preserves to the evidence .Establishes a set of system of criminal evidence to preserved to conform to our country national condition is the complex systems engineering, needs to consider the factor is very many, some crucial factor like our country national condition, the judicial resources as well as the lawsuit goal and so on have the vital role to the establishment to the system of our country criminal activity evidence . Therefore, when we construct the system of criminal evidence preserved ,we must persist the principle: Profiting from the overseas success legislation experience and our country national condition unifies: The realization of the equality of litigants with to save the law suit resources to unify: Sense of principle and nimble disposition union .At the same time, in the concrete system design, the author believed that establishing the system of criminal evidence preserved in our country have to achieve: It is clear about main body which preserve to criminal evidence ; The definite suitable stage of criminal evidence preserved Constructing the consummation procedure of criminal evidence preserved this is the extremely important question, if there are not the consummation procedure, the system of criminal evidence preserved will very to be difficult to display its system goal, therefore founding our country system of criminal evidence preserved , we must construct the consummation and the operational procedure. Explicitly stipulateing the court preserves the application to the evidence to make referee's form and its the relief procedure ;Safeguarding the meeting correspondence power and examines test papers the power of the defender. Moreover, the author always believed that the system of criminal evidence preserved take as a part of the criminal prosecution system only can truly play the role which it should have in the situation of other correlation systems all obtains the consummation.