Research Evidence Preservation System

Edgar Bodenheimer has said :"The justice seems to have a Proteus'face, which can present different shapes constantly and change at any time .It has a very different feature. "The justice should include the following three dimensions at least: The initial dimension is a fact, or says the judicial impartiality. Secondly that time dimension, the passage of time is the important factor that an influence decides candor. The end is a cost dimensionThis dissertation mainly takes time dimension into account, the delay of litigation will make the proof put out to lose or be hard to collect, then cause the false judgement. Justice's requesting a judicial process has to be as low as the minimum degree to the risk for making mistake, so we had to insure before the proof have stronger certificate dint to make an judgement. As to the system design, how keep the certificate dint of proof? Preservation of evidence will play an important role .Because our country has no separate《Proof Act》, some rough provisions lie in each normative document. Preservation of evidence has already attracted some people's attention in the republic of the law theory and practice, but the deep-going research on the issue is still inadequate. The writer desire to throw brick to lead jade, hoping to do some research in theory and practise, causing the concern of more people.The dissertation consists of 4 Chapters. The main contents and opinions of each chapter are discussed as follow: Chapter 1 probes on the conception, essence, function of perservation of evidence. Except the traditional function of fixing the evidence, with the development of society,it also possess the modern function:fixing the fact,evidence discovery and reaching a compromise. Chapter 2 research on comparative law of preservation of evidence.we could learn more from both roman law system and common law system.. Chapter 3 discusses the realities of legislation and judicial practice of civil preservation of evidence in china and points its deficiency existing at present.Chapter 4 gives the conclusion that we should reasonably reform current civil preservation of evidence system of china.We mianly transplant the provisions of the model of the roman law system's legislation.