Civil Action Illegal Exclusionary Rule

As the one of the important content of the Rules of Civil Procedure evidence, the Rules of Civil Procedure illegal evidence exclusion isn't stipulated in detail by China's law.In fact, the founding and maturity of the Rules of Civil Procedure illegal evidence exclusion has the absolute necessity and important meaning. Through the deep and system probe of the Rules of Civil Procedure illegal evidence exclusion, the author will put forward the specific content of the Rules of Civil Procedure illegal evidence exclusion. The author want to fill up the principle institute of the Rules of Civil Procedure illegal evidence exclusion of China, promote the achievement of basic objective of the Rules of Civil Procedure,and balance suitably the conflict of the fact of case and other objectives,profits,values, thus, put forward the workable plan and suggestion. In the first place, through analyzing the basic theory of illegal evidence and the Rules of illegal evidence exclusion, the author bring up the legal principle foundation, and analyze the value of the Rules of Civil Procedure illegal evidence exclusion.In the second place, through comparing the Rules of Civil Procedure illegal evidence exclusion of America,England,Australia,Germany and Japan, the author want to benefit from jurisdiction of other countries. In the third place, through comparing two jurisdiction expositions, the author want to find out the road of development and the value of the Rules of illegal evidence exclusion. In the end, in order to establish the system of the Rules of Civil Procedure illegal evidence exclusion, the author has his own opinion.This article is constituted by four parts. First part, through defining the concept of illegal evidence, and analyzing the relationship between illegal evidence and imperfection evidence,legality evidence, the relationship between evidence ability and prove ability, and analyzing the concept of the Rules of illegal evidence exclusion, the author want to discuss the theory prerequisite of the Rules of Civil Procedure illegal evidence exclusion, compare the difference between the Rules of Civil Procedure illegal evidence exclusion and the Rules of Criminal Procedure illegal evidence exclusion, analyze the value of the Rules of Civil Procedure illegal evidence exclusion; Second part, through comparing the Rules of Civil Procedure illegal evidence exclusion of America,England,Australia,Germany and Japan, the author want to draw lessons from jurisdiction experiences of other countries; The third part, through discussing the development of the Rules of Civil Procedure illegal evidence exclusion, the author want to analyze deeply the condition of legislation and jurisdiction of the Rules of Civil Procedure illegal evidence exclusion of China; The last part, through discussing the necessity of founding the Rules of Civil Procedure illegal evidence exclusion, and the perfection of concrete measure and assisting system, the author put forward the consideration of building the system of the Rules of Civil Procedure illegal evidence exclusion of China.