刑事证据保全制度研究(2)

The study of criminal evidence preservation system

【Abstract】The evidence preservation is the important content of evidence legislation, is an inalienable part of evidence. In criminal lawsuit, criminal evidence preservation is the core of criminal litigation, criminal evidence preservation system is effective, timely and comprehensive collection and fixed those who tend to disappear and damage, and find out the evidence for the case facts authenticity and objectivity, realize the criminal prosecution of justice, improve the efficiency of criminal procedure and the defendant on protection of the legitimate interests shall be the safeguard.

In this paper, first, the concept of criminal evidence preservation is discussed, and presents the author's point of view, further analyzing the value of criminal evidence preservation system. After inspect and analysis the relevant the system of the countries and regions in overseas, for future reference purposes, and analysis the present situation of our criminal evidence preservation system. To aim at the problems of the criminal evidence preservation system in China, based on the combined with actual situation in our country, learn and absorb the extra-territorial criminal evidence preservation system to establish an advanced place, analysis of criminal evidence preservation system of building the foundation,and puts forward some concrete ideas, including: clear the conditions and application methods of criminal evidence preservation, clear the subject of criminal evidence preservation , establishing the measures of criminal evidence preservation, establish the storage and use the program, Construct the relief program of criminal evidence preservation procedures , in order to perfect the system of our criminal evidence preservation benefit.

【Key words】Criminal evidence Preservation of evidence Analysis of the status Improve the legislation

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