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The Study On Civil Exclusion Of Illegal Evidence Of Our Country

Posted on:2011-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:L L JiaFull Text:PDF
GTID:2196330338491292Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Civil Exclusionary Rule in all countries is inconsistent with the provisions. The rules started in the United States initially. And it has been used in the field of criminal. The rules of civil areas in China have only the initial development phase. The theory is not mature.The use of illegal evidence in civil has positive value, for example: It reflects the respect for human rights and the maintenance of their basic rights of members of the society. It reflects the independent value of procedural justice. And also reflects the protection of human rights of civil procedure. Also has its negative value. With the illegal evidence of civil areas emergence continually and with the problem of its value should to improve the civil Exclusionary Rule continually. According to China's specific national conditions, feelings, and learn the advanced theoretical perspectives from foreign countries. So as to safeguard the legitimate rights of the people more better.Currently, In China,"Civil Law"does not define the Exclusionary rule clearly. There are some simple principles only provides spiritual guidance. And the administration of justice has been"emphasizing the rights but contempt the proceedings". When improvement the illegal evidence exclusionary rules of Civil procedure, should learn the advanced judicial experience of Civil Law and Common Law, formulate more lenient standards of how to determine the illegal evidence, define the specific scope of illegal evidence and exceptions, and give the judges discretion, make the judges to determine whether to take the illegal evidence and resolve the disputes finally according to the principle of interest measure in judicial practice.As to the problem of illegal evidence encountering in judicial practice recurrently, for instance Trap Evidence, take pictures surreptitiously, private detective so on. Should be determine the value of the evidence based on the principle of interest comparison.After all, the criminal disputes is different from the civil disputes, therefore the purpose of the principle of illegal evidence exclusion in civil procedure is to resolve disputes, safeguard the interests of the parties, national interests, social interests, but minimize the cost of dispute resolution.
Keywords/Search Tags:civil litigation, illegal evidence, principle of exclusion, relative exclusion, benefits measurement
PDF Full Text Request
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