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On The Exclusive Rule Of Illegal Evidence In Civil Procedure

Posted on:2010-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:W Y ZhangFull Text:PDF
GTID:2206360275464064Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
How to deal with illegal evidence in civil circles,few academic scholars take highly in our country's judicatory article.A lot of scholars hasn't realized the importance that set up the illegal evidence elimination rule in civil evidence system.But set up the rule,not only can protect peple's right,but also can turn to obtain the theories to prop up from civil evidence's legal character.Meanwhile,from the massive illegal evidence cases appearance,have showed on the reality of many problems in the civil evidence rule system of our country,the illegal evidence elimination rule has the rationality and necessarity which it exists.Looked from our country's legislation and judical pratice,and from our country's national condition,the illegal evidence elimination rule should be taken highly.Firstly this article analyzes many important theory problem,for example evidence,illegal evidence,evidence elimination and so on,proposes the illegal evidence elimination rule legal principle theory of law foundation,and thoroughly analyzes the illegal evidence elimination rule two main standards:the illegal evidence elimination's standard;the illegal evidence elimination's mode.From the international judicatory practice,we can win to find out the draw lessons from reference,America,Japan,German, etc.Through the value analyics to the illegal evidence elimination,the work mechanism elaborated in a specific way how the illegal evidence elimination rule system set up in our country.This article is composed of following three parts:The first part,through to illegal evidence,illegal evidence elimination rule meaning elaboration,compared with civil and criminal illegal evidence elimination rule,to the civil action illegal evidence elimination rule's value analysis,has been clear about this rule suitable necessity;The second part, thorough analysis to the civil action illegal evidence elimination rule's legislation and the practice condition,compared with two big legal system on illegal evidence elimination rule's concrete provision,pointed out that consummates our country civil action illegal evidence elimination rule in our country the necessity;The third part,from seting up the illegal evidence elimination rule the premise safeguard and the illegal evidence recognization mechanism's analysis,proposed the conception that establishes the civil action illegal evidence elimination rule in our country.
Keywords/Search Tags:Civil action, illegal evidence, evidence rule
PDF Full Text Request
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