Research On The Civil Exclusive Rule Of Illegal Evidence

The litigant of the civil procedure tries to gain the lawsuit evidence which is of great importance to find out the case truth in order to win the lawsuit. however, for the lack of legal notion and the drive of the benefits, the litigant may well damage other's legal rights or violate the relative prohibitive rules. in order to hold back this phenomenon and regulate the party's investigating and gaining evidence behavior, the exclusive rule of illegal evidence has been produced. In March 6th ,1995,the supreme court has made the reply to the Hebei high court about the document "without the opposite party's agreement, the private recording can not be used as an evidence". In December 21st,2001,the supreme court has unveiled "some regulations on the civil procedure evidence", which built up the exclusive rule of illegal evidence system. However, it lacks the clear definition on the relevant conceptions as well as the feasible and systematic operating process, furthermore, it deviated from china's justice practice in a way. The system can not handle the civil disputes; protect the defense party and the legal benefit of the third party. on the basis of concluding domestic justice practice and borrowing the relative experience abroad, the author believed .we should construct the exclusive rule of illegal evidence which based on severe illegal actions and set up some extra rules, the rule should also endow the judge proper exclusive discretion power; in the procedural arrangement, we should set up the legal objection of evidence, the duty of illegal offering evidence and some criteria of illegal proof. On this basis, the author also made some legislative proposals of relieving system.