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Admissibility Of Illegally Obtained Evidence In Civil Cases Of China

Posted on:2007-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:J G NieFull Text:PDF
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The illegal obtained evidence of civil cases is the evidence material that the civil cases party, agent, litem or some person who receives party to entrust or engages or instigates with the program breaks the law is gained. The illegal obtained evidence of civil cases possesses two big basic attributies of evidence of"authenticity"and the"contact", but it really not certainly can become the basis to firmly believe the case fact because of"legal nature"attribute that lacks the evidence. The contradictory character of illegal obtained evidence of civil cases itself makes that theory worker and solid affair worker still give it up being faced with the very difficult selection to the selection of this problem。The real problem of our country correlation thought over in the synthesis to the handle circumstances by way of the major west nation of investigation to the illegal obtained evidence of civil cases , and in our country civil cases domain , there are full reason to get rid of the illegal obtained evidence. Getting rid of the illegal obtained evidence not only is favor of restraining collect evidence illegally, and means apparent program justice, and making widely known the rule by law reason to read and purifies judicial system and maintenance constitution dignity, and more is favor of the guarantee of basic right of citizen and entire interest of society.Along with the program justice reason is read striking root in the hearts of the people increasingly, and the program right suffers more and more concerns, and the program justly also becomes the important objective that the civil cases was sought, in any case but the most ultimate objective also not changing the civil cases activity is that it is just to realize the substance. Be the huge obstacle to find out the case real situation to getting rid of without exception of illegal obtained evidence, and unprofitable justly in the civil cases substance realizes. Build the rule of admissibility of the illegal obtained evidence of civil cases regularly exactly will be with make laws the form justly at the program between just seeks an equilibrium point with the substance. with at the same time, endowing the judge corresponding freedom cutting into parts capacity power, the method is accepted or rejected the decision making to the illegal obtained evidence with what the interest was weighed. one side, those evidence with seriously encroaches such as criminal breaks the law on that another person's legitimate rights and interests should be get rid of; On the other hand, endow...
Keywords/Search Tags:Civil Procedure Illegally, Obtained Evidence, Exclusionary Rule
PDF Full Text Request
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