On The Exclusion Of Illegal Evidence In Civil Litigation

With people's accepting of the theory of procedure justice, civil litigation illegally obtained evidence exclusionary becomes a problem concerned by the civil action circles, both in theory and in management. Civil procedure illegally obtained evidence exclusionary rule means that without additional prescriptions of law, the court should not regard illegally obtained evidence as the gist to find out the truth or to judge the case. Illegally obtained evidence has its broad sense and narrow sense. The former means the evidence not obtained from legal source or in legal form, including the invalidity of the party, the invalidity of the evidence form and the invalidity of the procedure of collecting evidence. The latter means the evidence obtained by violating the legal procedure or by illegal ways. In lawsuits, illegally obtained evidence exclusionary rule always means excluding the procedure illegal evidence.Illegally obtained evidence exclusionary rule was first established in the United States by the criminal lawsuits, and its aim was to limit and forbid the public right organs from violating citizens'right when they were of executing their authority or getting evidence. In the criminal lawsuit circles, illegally obtained evidence exclusionary rule has got enough recognition, different kinds of theories of it are becoming mature, and many rules have come into being in legislation and judicature. But in the civil lawsuit circles, it is still very weak both in theory and in action. Whether this principle can be applied in civil lawsuits? How to apply it? To these questions, there is still not an acknowledged answer in the world and the civil lawsuit circles in our country also dispute this rule and cannot make a verdict. To all appearances, illegally obtained evidence exclusionary rule only concerns accepting or rejecting illegally obtained evidence, but in fact it has close relationship with the basic concepts and value choices of lawsuits, and it is deeply influenced as well as restricted by different factors such as the status of democratic legal system and judicatory standard. The practical situation and development foreground of our country shows that in civil lawsuits the action of getting evidence illegally is...