Construction Of China Criminal Procedure Evidence Preservation System

The center status of evidence in criminal procedure determines the the importance status of the way obtain evidence,our country judicial have the problem that defense insufficient capacity of collecting evidence for long time.Establish an effective way to make accused person obtain the key evidence of lawsuit is very be necessary.But in 2012,our country criminal procedure law revised had blank on this,academic circles also have less attention.In order to promote justice sustainable,balance the ability,guarantee the parties litigation rights,research on establish suitable for China's national conditions criminal procedure evidence preservation system,has important significance for criminal procedure law revise next time.This article is divided into five chapters,an introduction to introduce this article selected topic reason,academic research and innovation point.The second chapter clearly define the concept of criminal procedure evidence preservation,differentiate the right of investigation,the criminal evidence preservation not in litigation.The following points discusses the important meaning of building the criminal evidence preservation system.The third chapter analyzed China Taiwan area,Japan,Germany,Italy,the United States overseas legislation.Sum up the experience of other countries' legislation and problem,with reference for our country to build criminal procedure evidence preservation.The fourth chapter based on the necessity and feasibility of criminal procedure evidence preservation,expounds in our country the importance of the establishment and favorable conditions,realistic foundation of it.The fifth chapter is divided into two parts,first discusses the basic principles of system construction,then divided into eight parts such as application subject,the right of presence and so on to illustrate the opinion.And last build the amendment of criminal procedural law on legislation of criminal litigation evidence preservation system.The conclusion part summarizes the basic ideas of the author,in order to the next time modify the criminal procedure law,put the criminal litigation evidence preservation on the agenda,attention of scholars and lawmakers.