试论证据保全制度

Study on evidence conservation system

证据是人民法院据以认定案件事实的基础。但由于社会生活的复杂性 ,证据或证据材料可能会灭失或以后难以取得 ,这就使证据保全成为必需。立法对证据保全的规定过于简单 ,所以实践中难以正确操作 。

People's court depends on evidence to ascertain a case. However,owing to complexity of social life, evidence or evidentiary materials may be lost or can't be collected in future,so it is necessary to establish the system of conservation of evidence.Because of lacking specific regulations on conservation of evidence in legislation, people's court can't carry them out very well in practice. Our country must establish and perfect the system of conservation of evidence.