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证据保全是防止证据灭失或发生妨碍使用情形的预防措施。刑事诉讼中的证据保全在我国一直未受重视,而这直接涉及刑事诉讼目的和价值的实现。赋予辩方证据保全申请权,从权利的角度研究证据保全更加有利于证据保全功能的充分发挥。立法上应科学构建侦查、审查起诉、审判阶段的证据保全制度,切实保障辩方证据保全申请权,从而促进司法的公平和正义。
Evidence preservation is a precautionary measure against the loss of evidence or obstruction of use. The preservation of evidence in criminal proceedings has not been taken seriously in our country, and this directly relates to the purpose and value of criminal proceedings. Empowering the defense with the right to apply for the preservation of evidences and studying the preservation of evidence from the perspective of rights is more conducive to giving full play to the function of evidence preservation. Legislation should scientifically construct the evidence-checking system for the investigation and examination of prosecution and trial stages, and earnestly safeguard the right of defense defense application and thus promote the fairness and justice of the judiciary.