Research On The System Of Criminal Evidence Preservation

Criminal evidence preservation is a kind of procedural safeguards, its establishment and perfection in the process of maintaining the litigation rights and interests of the parties has played a very important institutional support role. If given the right to apply for evidence preservation, the defendants can effectively make up for a lack of the ability of the process of collecting evidence, to a certain extent, help to achieve the balance and accused of litigation; Can also improve the evidence in the process of the two sides equal confrontation system, through the complete chain of evidence in series the case facts, entity and procedure in the process of judicial justice. Although some scholars in criminal evidence preservation research, but from the new revision of the "criminal procedural law" can be seen that the evidence preservation still didn’t get the attention they deserve, the systematic construction of criminal evidence preservation system is still missing. So the author tries to apply comparison method, literature research methods such as preliminary research on system of criminal evidence preservation, hope to be able to play the role of the author in the process.This paper is divided into four chapters:This paper first introduces a total is divided into four chapters, as follows:In the first chapter by analyzing different scholars, different countries and of the civil procedure law and administrative proced ure law of our country about the concept and rules of evidence preservation, based on this, advances the author understanding criminal evidence preservation and definition is given. Then from litigation mission, improve the efficiency of lawsuit and realize judicial justice three aspects discussed the function of the criminal evidence preservation.In the second chapter, selected continental law system and Anglo-American law system of criminal procedure to typical countries, from the application premise of criminal evidence preservation system, procedure and the analysis of the rights to expand. Finally on the related legal system outside of the same and different systematic comparative study.In the third chapter, first of all to the right of investigation in C hina is discussed; Then, from the perspective of the case analysis of the urgent need of judicial practice of evidence preservation system; In the final analysis the evidence preservation in our country to establish the reality of the obstacles.The fourth chapter is specific to build criminal evidence preservation in China. This chapter first discusses the practical significance of evidence preservation system established in our country. And then through the favorable factors and other procedural law two aspects can be used for reference for the feasibility analysis; Again, the concrete Suggestions of criminal evidence system in C hina is proposed; Finally put forward the defendant equality concept, improvement of the system of witness protection mechanisms and a lawyer to ensure that the system of criminal evidence preservation in the implementation of the judicial practice in our country.