Preservation Of Criminal Evidence System

As a procedural safeguard measures, criminal evidence preservation of the establishment and perfection of the system to safeguard the litigation rights of the parties provided a sharp weapon and a strong system of support. The evidence for the defence to preserve the right to not only help.Its ability to compensate for the lack of evidence-gathering, to some extent to achieve balance with the complaint proceedings, but also helps the two sides in the confrontation in the perfect equality of the evidence, found that the facts of the case, the realization of justice. China's Criminal Procedural Law did not provide evidence preservation system, although legislation to allow the defence lawyers can apply for the people's procuratorates, people's courts to collect, to retrieve evidence, but the legislative shortcomings of the system so that enjoyed by the defence counsel for the implementation of evidence can not be right. From the theoretical study, the results of research on the extraterritorial rich, and the related domestic research in the field of floor plaques rather lack of it. Criminal Evidence preservation of the concept of a single, rigid; criminal evidence preservation of the system construction of the system loss, no theoretical ideas and no empirical analysis, no more related to institutional building programme. The author attempts to use, empirical evidence in the criminal methods such as the preservation of the system related issues were discussed. The author first sort out the relevant concepts and on the basis of this clear evidence of criminal preservation of the basic meaning. In the extra-territorial legal systemReview of conduct, the author of China's established system of criminal evidence preservation of the theoretical value and practical significance has conducted in-depth analysis, and the establishment of such a system of positive factors and practical difficulties in a comprehensive study. Finally, in China establishedCriminal Evidence preservation of the specific concept of the system.