The Criminal Evidence Preservation System Research

The functions of The Criminal evidence preservation which is basicly established in the countries whose criminal prosecution system has developed are ascertaining the truth,protecting human rights and combatting crime,however,there is no this system in our law of criminal procedure.fortunetly In these years,the research in this field has been conserned gradually but still needs deeper.The main body of this article divides into four parts,altogether more than30,000 characters.The first part researches the basic thery of The Criminal evidence preservation.This part firstly analysises the specific concept of The Criminal evidence preservation,then summarizesthe basic features of this system,and emphisises that retaining prove ability of evidence is the fundamental significance of this system.secondly compares the relative concepts to define The Criminal evidence preservation.The second part researchse the necessary of building The Criminal Evidence Preservation in China.Because nowadays our legislation of the ciminal evidence is not perfect,it's necessary to build this system.On the one hand,it's good for protecting legal rights of the abused and suspisions,on the other hand,for finding the truth,help the judicial office to fulfil the objective obligation.In addition emphisising that retaining prove ability of evidence is the fundamental significance of this system is significant for implimenting the principal of direct word.The third part reseachse the state quo of The Criminal Evidence Preservation in China.Though in China The Criminal Evidence Preservation has't been fixed in law,there is the same use in juridical practice.However,lack of systemati and influence of out-date idea and operation obstacles further mean the necessary to establish this system in China. The forth part reseachese asumption of building The Criminal Evidence Preservationg in China.By camparing The Criminal evidence preservation in deferent countries,analysis and assume the specific system and institutions such as principles,different subjects for different mode.otherwise,the author hopes change the present situation that written deposition offen is used in tiral,through The Criminal evidence preservation system,refer to build witness testimony preservation fore-trial procedure and saving systems and other systems which are used to help The Criminal evidence preservation system running.