On The Value Of The Loss Of The Right To Rule Of Civil Procedure Evidence Of Conflict

The evidence disqualification rule being used in China has negative impactions to the values of substantive justice. The suggestions of scholars have not been adopted. The disputation is continued on justice of evidence disqualification rules. It is a new idea to establish a theoretical system on value conflictions of evidence disqualification rule, and the theory can be used to solve the existing problems.The evidence disqualification rule contains the valuable appeals that value subjects pursuit preceding justice and preceding efficiency, have a negative impactions to the substantive justice too, this contradictions is named the value conflictions of evidence disqualification rule. The underlying causes of value conflictions of evidence disqualification rule are that the values of single rule can not meet all of the vary appeals of subject, have inherent contradictions between vary values of civil litigations, two different theories about trail facts inspire two different valuable appeals.The degree of contradictions between preceding justice and substantive justice, between preceding efficiency and substantive justice too, is named conflict intensity of the evidence disqualification rule. The conflict intensity of the evidence disqualification rule is lower in the litigation culture there preceding justice is revered, higher there substantive justice is considered firstly. The conflict intensity of the evidence disqualification rule is lower in a continued trail that is favorable with the preceding efficiency of the evidence disqualification rule, the discontinuous trail is contrary. Some procedures can bring significant impacts to the conflict intensity of the evidence disqualification rule, for example pre-trail evidence exchange, pre-trail issues determination, the rights of the investigation to evidences and the proof about new evidence. The exacting of influencing factors to the conflict intensity lead to the value conflictions of evidence disqualification rule can be relatively conciliated.The evidence disqualification rule is special social product; the performance-price ratio theory of economics is applicable to the evidence disqualification rule. The performance-price ratio of the evidence disqualification rule is ratio of the sum of obtained the preceding justice value and the preceding efficiency value and the damaged substance justice value which come from implementing the evidence disqualification rule. The way which can promote absolutely the performance-price ratio of the evidence disqualification rule is to increase the preceding justice value and the preceding efficiency value, to pull down the damage to substance justice value, which brought by the evidence disqualification rule. The way which can promote correspondingly is to frame different evidence disqualification rule in term of different litigation culture. Both of the two ways can be reaching through some specific ways. The way to promote performance-price ratio of the evidence disqualification rules is the relatively conciliated way to harmonic it's value conflictions.Every theory proposed by scholars in China have defects which can not be overcome easily, they are the costs sanctions theory, the perfection theory and the dichotomy theory. Basing on the litigation culture in China, it may bring a new idea to us to solve the current problems to use the theory of the value conflictions of the evidence disqualification rule.