Civil Action Illegal Exclusionary Rule

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 effectively 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 process,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 beneficial to the reform and improvement of our civil judicial system.The whole thesis has four parts, besides "preface" and "conclusion":The first part begins with the analysis of the theoretical principle of the exclusive rule of illegal evidence in civil litigation.At first,it analysizes the fundamental meanings including the meaning of "illegal", "illegal evidence 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 human rights,embodying procedural justice and defending integrated interest of society.The second part analysizes the origin of the exclusive rule of illegal evidence in civil litigation first of all,and then points out that the rule originates from the American criminal litigation and next analysizes the reasons of it.Then,it analysizes the legislative conditions of the exclusive rule of illegal evidence in civil litigation in the main countries abroad,and finally sums up some valuable experience in legislation and judicial practice as a source of reference for us.The third part mainly analysizes the legislative conditions of the exclusive rule of illegal evidence in civil litigation in China. Basing on the analysis of the legislative conditions of the exclusive rule of illegal evidence in civil litigation in China in detail,it definitely points out its defects:first,the criterion of excluding illegal evidence is too abstract,which makes hard to apply in judicial practice;second,the exclusion of illegal evidence is too absolute,which secedes from our judicial practice and deviates from the development trend of exclusive rule of illegal evidence;finally,the relatively strict pattern of excluding completely doesn't conform to our current evidence collecting system.The fourth part elaborates the practical significance of establishing the exclusive rule of illegal evidence in civil litigation in China at first;then, puts forward the reasonable suggestions to perfect our current exclusive rule of illegal evidence in civil litigation basing on the analyses in those parts above:first,to make clear the criterion of excluding illegal evidence furthermore;second,to vest the judge with certain discretionary power and the method of balancing interest to decide whether it is illegal or not;finally,to set up procedural security system matched with it,which is to improve the security measure of the party's evidence collecting and establish the related procedure applied to the exclusive rule of illegal evidence in civil litigation.