Research On The Exclusive Rule Of Illegal Evidence In Civil Procedure Law

The exclusive rule of illegal evidence means the evidence which collected in illegal methods couldn't be applied as evidence, they must be excluded in procedure. This system originated in the United States, the initial purpose of its establishment is to forbid and correct bad and illegal behaviors in criminal procedure made by police and other public power main bodies. Later, this rule keeps developing and improving, and be referenced to the area of civil procedure to make sure if the parties in civil suit propose evidence which obtains in illegal ways or hurt somebody else's legitimate interests, then we will exam the evidence according to the exclusive rule to determine whether we should excluded it. Our country have clear provisions about the exclusive rule of illegal evidence in criminal procedure law, but don't have any in civil procedure area. The supreme court 95 answers and《Proof Stipulation》68th provided the requirements of obtaining evidence and the consequences which occur after we violate it. These could hardly be defined as the exclusive rule of evidence in civil procedure. But this rule has some weakness, it only establishes a vague exclusion criteria without any specific operating procedures. This directly makes the rule couldn't be applied in judicial practice and the application of the non-uniform. Therefore it is very significant to research the exclusive rule of illegal evidence made by European and American countries, combined with relevant cases which are relatively mature, to clarify the standard of the exclusive rule of illegal evidence in civil procedure and set a complete operating procedures for it.The first chapter of the article is the summary of the exclusive rule of illegal evidence. It is mainly discuss two questions, one of them is the connotations of the exclusive rule of illegal evidence, and I give my own definition of this rule by analyzing the other countries and Chinese scholars'definition of illegal","illegal evidence and the exclusive rule of illegal evidence. Another question is the formation and evolution of the exclusive rule of illegal evidence. It discuss specifically the problem of the origin of the exclusive rule of illegal evidence, the formation process of this rule in China and the dispute of whether this rule should be exist.In the second chapter of the article is the present legislative situation of the exclusive rule of illegal evidence. The first part of this section discuss the rule's legislation of some countries from the two different legal system, and analysis the inspirations it would bring to China. The second part of this section compare the differences between the exclusive rule of illegal evidence of criminal procedure and civil procedure in five ways.The third chapter is the comments on the current situations of the civil procedure exclusive rule of illegal evidence in our country. This chapter first analysis the legislation status of the exclusive rule of illegal evidence in our country which take parts in the civil procedure area, pointing out its shortcomings, and then discuss the legitimacy of some special kinds of evidence collecting.The fourth chapter is the key part of this article. First of all, I summarize the judge standard of the exclusive rule of illegal evidence in our country . I establish the basic principle of the civil procedure exclusive rule of illegal evidence, and put forward some concrete propositions of constructing the exclusive rule of illegal evidence for civil procedure. The second part of this chapter ,I investigate the concrete operating procedures of the exclusive rule of illegal evidence from three aspects.