Research On Pre-trial Evidence Preservation System

Evidence is not change easily with people’s will and it exists objectively,objective reality is very susceptible to interference from external factors and lose the true. Whether natural or man-made factors all restrict the fixation and preservation of evidence,with the cumulative constrains,evidence will lose the true imperceptibly,this will definitely affect the strength of the evidence and cause the true of the case difficult to show. If the evidence is not effectively protected, it will cause difficulties of proof on the parties, hinders the court to find the truth. In order to minimize the occurrence of such a situation,to restore real case and make it easy for judges to make a fair and impartial judgment. It is necessary to set evidence preservation system to fix and preserve evidence in advance.Our newly revised Civil Procedure Law sets the pre-trial evidence preservation system, fill a vacancy that there’s only the system of preservation of evidence in proceedings,improve the integrity of the civil litigation evidence preservation system. This paper begins with the theoretical basis of pre-trial evidence preservation system,summary its concept nature、type briefly,and on this basis to analyze the values and functions of its existence;then start with the legislative status on this system, combined judicial practice in China and legislative statue in foreign countries and Taiwan to investigate the application of pretrial evidence preservation system; finally,summarizes the problems should pay attention to and resolutions in the application of pre-trial evidence preservation system.