What Is Evidence Of Insurability?

Evidence preservation refers to a measure taken by a people's court to protect evidence to ensure its probative power if the evidence is likely to be damaged, lost, or difficult to obtain in the future. The significance of evidence preservation is to protect the probative power of the evidence so that factual materials related to the case cannot be obtained or lose the role of proof due to the occurrence of relevant circumstances, so as to meet the needs of the parties to prove the facts of the case and the court to find out the facts of the case. China's Civil Procedure Law and Administrative Procedure Law stipulate that in cases where evidence may be lost or difficult to obtain in the future, participants in the proceedings may apply for evidence preservation, and the people's courts may also take proactive measures to preserve evidence. The Chinese Criminal Procedure Law stipulates that the judicial organs have the right to take various measures to collect and retrieve evidence, and to properly keep or seal the seized articles and documents. ^[1]

Evidence preservation

Evidence preservation There are divergent views on the understanding of the concept of evidence preservation. There are four main representative views. The first view can be called the "fixation and storage theory". For example, scholars believe that "preservation of evidence means the fixation and storage of evidence, which refers to fixing the evidence in a certain form and properly storing it for judicial personnel or lawyers to use in determining the facts of the case".

"Legal measures to preserve evidence, to fix and preserve evidence, refer to measures that the judicial organs have collected and fixed evidence materials in accordance with law, and have maintained their proving effect.

The second view is "determinism."

"Preservation of evidence refers to a system where the people's courts take certain measures to determine the situation at the request of the parties or in accordance with their functions and powers" before the trial begins, if the evidence may be lost or difficult to obtain in the future.

The third view is "pre-investigation." "Evidence preservation means

An application for evidence preservation is a document used by a party in applying for evidence preservation to a people's court.

Clerical style

Application for evidence preservation

applicant:

The applicant and the case for a traffic accident have filed a lawsuit in your court on the date of the month. Because the evidence in this case is about to be lost (or difficult to obtain in the future), for this reason, an application for preservation evidence is requested. The facts, reasons and specific requests of the case are stated as follows:

Facts and reasons: ...

Purpose of request: ...

Sincerely,

People's court

applicant:

year month day

Explanation:

1.Indicate that the case has been accepted;

2. Facts and reasons: Specify the reasons for the urgent need for preservation, such as that some evidence may be damaged, deformed or no longer exist, or that the witness is old, seriously ill, about to die or study abroad, settle down, etc.

3. The purpose of the request, that is, how the applicant requires security, and what security measures to take to be specific, may request to take pictures, videos, drawings, make models, record witness testimonies, and so on. ^[3]

1. Evidence preservation should be a legal system with the purpose of achieving fairness and justice and protecting the rights and interests that the law should protect;

2. Such a system should not become a special right of strong authoritarianism. The design of its legal system should fully mobilize the enthusiasm of the parties and their agents, and should fully authorize the right subjects to choose the institution, method and time of evidence preservation;

3. Evidence preservation notary should be the first choice of this kind of system.