民事诉讼是以证据为基础展开的。证据是人民法院及仲裁机关以据认定事实。司法实践处理民事案件从纠纷的发生到开庭审理必然有一段时间间隔,在这段时间内,某些证据中于自然原因或人为原因,可能会灭失或者到开庭时难以取得。为了防止出现这类情况给当事人的举证和和审理带来困难,保障当事人的合法权益,民事诉讼法规定了证据保全制度。依据有关证据,当事人和法院才能够了解或查明案件真相,明确争议的原因,正确、合理地解决纠纷。 Civil litigation is based on evidence. Evidence is the people’s court and the arbitration authority to determine the facts. Judicial practice to deal with civil cases from the occurrence of disputes to trial will inevitably have a period of time during which certain evidence may be lost due to natural or man-made reasons or difficult to obtain in court. In order to prevent this kind of situation from giving rise to difficulties for the parties to prove and hear the case and to protect the lawful rights and interests of the parties concerned, the Civil Procedure Law provides for the system of evidence preservation. Based on the relevant evidence, parties and courts can understand or ascertain the truth of the case, clarify the reasons for the dispute, and resolve the dispute correctly and reasonably.