On The Criterion Of Illegal Evidence Of Civil Action

"Based on facts and take law as the criterion" is the guidelines that we must follow in litigation activities,and "Fact" is usually in the form of "proof in the trial.Evidence can be used means that the truth can be found,so evidence is closely related to the whole process of litigation.Standard of civil illegal evidence in the important position, it is related to the evidence material choice, the parties’ legitimate rights and interests safeguard, the implementation of the statutory procedures, etc.The illegal evidence standard’s content is not clear, however, the lack of operational, a lot of controversy in the applicable process, and there are not conducive to realize fairness and justice.In this paper, The author analysis the problems existing in the standard of civil illegal evidence, and draw lessons from foreign advanced theory, domestic typical cases, then put forward the clear, concrete suggestions.The article is divided into four chapters.The first introduces the relative concepts of civil illegal evidence and legal effect, and clearly boundaries the illegal evidence and standards which formulated the basic theory of the civil lawsuit illegal evidence, in order to clear the theory and its value.The second chapter respectively introduces the standard of civil illegal evidence in current China, The legislative development and The deficiency of reality,In combination with the law and the problems existing in the judicial practice.Because of the standard of illegal evidence without specific operation procedure and the content abstract w, the judge’s discretion of the individual in procedure and entity rights are often in conflict, In this paper, we have a lot of related cases all prove it.The third chapter is the comparison of civil illegal evidence cognizance standard with Different countries. Through the introduction of the foreign rules, aims to clear the address to our country, In combination with the foreign advanced theory and system combined and our national conditions, provide the support to our country.In the fourth chapter discusses in detail how to improve the standers of the illegal evidence, firstly, clearly the guidelines completely to avoiding the value conflict of laws; Second, detail the content of the standards,as well as the kinds of "legitimate rights and interests" and the "law" which included in "legal prohibitions".Live up to particular case is particular analysis, to avoid absolute rule out; Once again, limit the judge discretion, and public the reason of the choice to the illegal evidence; Finally, improve the others rules that might involve the he standers of the illegal evidence.The conclusion is about the height summary of this article, to make a summary for the standard of civil illegal evidence in our country.