The Study On Exclusionary Rule Of Civil Illegal Evidence

The main purpose of establishing the exclusive rule of illegal evidence in civil litigation is to inhibit the behavior of obtaining evidence illegally in civil litigation effeetively so as to protect the legal rights and interests of parties through denying the credibility of the illegal evidence.For the exclusive rule of illegal evidence embodies thorough denial of obtaining evidence illegally, it maybe make the truth of case lost,but sets up the conceptions of right security and due proeess, and offers the security to attain the litigious state of fair and lawful procedure realizing and truth of case corresponding.Therefore, this thesis analysizes the exclusive rule of illegal evidence in civil litigation systematically and thorouthly, and puts forward the concrete suggestions to perfect our exclusive rule of illegal evidence in civil litigation, hoped to be benefieial to the reform and improvement of our civil judicial system.The whole thesis has five parts, besides preface and conclusion:The first part begins with the analysis of the thcoretieal principle of the exclusive rule of illegal evidence in civil litigation. At first,it analysizes the fundamental meanings including the meaning of "illegal evidence", "illegale vidence in civil litigation", and " the exclusive rule of illegal evidence in civil litigation"; then analysizes the values of the exclusive rule of illegal evidence in civil litigation, and points its important values out definitely,such as safeguarding fundamental humanrights, embodying procedural justice and defending integrated interest of society.The second part is the theoretical basis of exclusive rules of civil illegal evidence. In this section is mainly through the procedural justice theory and interests balance theory to establish the exclusive rules of civil illegal evidence in order to provide comprehensive and solid theoretical support. In the part of interests of measure theory, the procedural fairness and entity fairness, justice and efficiency, the objective reality and the legal reality, conflict and balance among the three lawsuit values is discussed. The third part is legislation comparation on exclusive rules of civil illegal evidence. This section is mainly based on Anglo-American law and Civil law of illegal evidence in the judgment standard, the legal consequences of illegal evidence, the establishment form of the rules,thrgough comparing and reviewing the three key problems at last in order to summarize the precious experience from the legislative and judicial practice for reference in our country.The fourth part is legislation and practice on exclusive rules of civil illegal evidence in our cuuntry.This section is based on detailed analysis on exclusive rules of civil illegal evidence in the present legislation, then pointed out the defects of exclusive rules of civil illegal evidence. Firstly, the imperfection of illegal evidence criteria. Secondly, procedural safeguard system is not perfected.The fifth part is the perfection on exclusive rules of civil illegal evidence in our country. On the basis of the above investigation and analysis, first of all, analysed the practical significance of establishing the civil illegal evidence exclusive rule in our country, then pertinently proposed the improvement suggestions on civil illegal evidence exclusive rule:first, improve the judge standard on illegal evidence by determining substantial standards and stipulating certain exceptions, granting the discretion power for the judge. Second, set up the matching procedural safeguard system, so as to further perfect the partise security measures on collecting evidence, and establish the relevant procedures for exclusive rules of civil illegal evidence.