On The Exclusive Rule Of Illegal Evidence In Civil Procedure

This article mainly analyzes the exclusive rule of illegal evidence, and points out the methods of establishing the exclusive rule of illegal evidence in civil action. The article includes four parts.The first section " The summary of the exclusive rule of illegal evidence" elaborates the connotations of "illegal" and "illegal evidence" , the "illegal" only means that the methods of collecting evidence are illegal;"illegal evidence" means the evidence which is achieved by illegal methods;"the exclusive rule of illegal evidence" means that although some proofs have evidential value to the law case fact , if it is achieved by illegal methods, they will be excluded. From this part, we know that the exclusive rule of illegal evidence established in USA, develops on the applicable scope and the concrete. In the past few years, the exclusive rule of illegal evidence has been applicable in the civil action when the legislative and judicial practice appeal.The second section " The present legislative situations of the exclusive rule of illegal evidence" mainly chooses some representative countries in two law systems to discuss the contents of the rule, through the method of comparative investigation. The two law system countries have three contents about the exclusive rule of illegal evidence: the exclude of the illegal objects, the exclude of the illegal words, the fruits of the poisonous trees. Then this part compares USA and Germany, from which we can find a lot of differences beneficial to construct and consummate our exclusive rule of illegal evidence in our civil litigation. Such as the principal, the exclusive scope and the proposing stage.The third section "The choice and valuable analysis of the exclusive rule of illegal evidence in civil litigation" firstly introduces some conflict theories. These conflicts reveal the contradictory mind appearances, and point out the predicament that the exclusive rule ofillegal evidence confronts with. Then, it analyzes the valuable conflicts caused by the rule. We should find a balance that reflects the due process, superior benefit and human rights to establish the exclusive rule of illegal evidence.The fourth section " The construction of the exclusive rule of illegal evidence" introduces the legislative regulations of the exclusive rule of illegal evidence in civil action and give some criticizing. This part points out that there are some enteric sense and obvious flaws in the supreme court 95 answers and ((Proof Stipulation)) 68th, mainly in the aspect of the abstract standard. On the base of this, this chapter analyzes the necessities and feasibilities of the rule. Finally, it compounds the concrete constructions of the exclusive rule of illegal evidence from the aspect of the principle, the exclusive scopes, the proposing parties, the proposing time, the evidential responsibilities and relieving measures.