Research On Civil Evidence Exclusionary Rule

The evidence exclusionary rule consists of a set of specific exclusionary rules. Evidence competency is the core of the rule. The rule excludes those irrelevant evidences and relevant but inadmissible evidences based on regulation of law or some reasonable consideration. It is about to solve such problems that which evidentiary materials are able to enter proceedings and which are not.The two Legal Families deal with the matters of evidence in different ways. The states belonging to Anglo-American Legal Family set up a set of evidence exclusionary rules in advance by legislation. The rules exclude unsuitable evidences and allow only the admissible evidences to go into proceedings. This way secures relatively the reliance of each evidence and it is propitious to touch equity, efficiency and other social values. On the other hand, the states belonging to Continental LegalFamily seldom set up any evidence exclusionary rules in their legislations. In these states, the judges go through all the evidences and decide by judicial discretion power which evidences are adoptable and which evidences are inadmissible. So the judgment on the qualification of evidences mixes with the decision on the force of evidences. Except the preface and conclusion, this dissertation is divided into four chapters.In Chapter One, the author runs directly to the subject, trying to make clear of such fundamental concepts as relevance, admissibility, qualification of evidence, evidence effect, as well as the similarities and distinctions of these concepts. The author attempts to clear up the confusion on the concepts and the relationship between the concepts, which is the merit of this dissertation.In Chapter Two, the author introduces the main specific evidence exclusionary rules in Anglo-American Legal Family and Continental Legal Family, which makes preparations for Chapter Three and Chapter Four.In Chapter Three, the author compares the civil evidence exclusionary rules in Anglo-American Legal Family with those in Continental Legal Family. After pointing out the discrepancies, the author makes comprehensive analysis on the reasons behind the discrepancies, which will provide us some theoretical supports. Chapter Four is the most important chapter in this dissertation. The author analyzes the legal status, deficiencies and the reasons of the deficiencies, based on which the author puts forwards legislative direction and principles. At last, the author makes bravely legislative suggestions, the specific measures.