The Civil Pretrial Evidence Preservation

Preserving Civil Evidence is an important part of the evidence system, which is also an important part of forensics system and an integral part of evidence gathering.Because the development process in civil cases is often complicated, and the trial court’s activities are judgments of the established historical facts, they can not fully recover the objective facts of the case. Therefore, taking evidence preservation for some emergency situations can play a role in collecting evidence. The study of civil evidence preservation system has a great significance for the protection of civil litigation, protecting the legitimates’ rights and interests, also the realization of judicial justice.The author starts from the theoretical analysis of pretrial evidence preservation system. Basing on the current situation in Chinese for this system research and combining with some foreign countries, the author analyses and summarizes the system of the Germany, the Japan and the other countries. After learning about the system of Anglo American law system and continental law system countries, it can provide a reference for further improvement of the civil pretrial evidence preservation system in China. No matter in theory or in practice, there are many problems in the pretrial evidence preservation system of our country. In theory, as for the evidence preservation system, there was only the current “Civil Procedure Law” and “the Supreme People’s Court on civil evidence regulations” and the specific regulations in rough sets before. In 2013, the new civil procedure law has made some modifications in the preservation of civil evidence. It adds that citizens can come up with the preservation of evidence to the court before the civil suit or arbitration and other relevant provisions. In practice, for the evidence preservation before litigation procedure, either the parties or the judicial servers all have some questions. Thus, after the author finds these defects, she puts forward some opinions and hopes to help perfect and structure the pretrial evidence preservation system.