On The Exclusionary Rule Of Illegally Obtained Evidence In Civil Procedure

With the concepts of the protection of human rights and procedural justice deeplyrooted in people’s mind, the exclusionary rule of illegally obtained evidence in civilprocedure draws more and more attention of jurists. The application of this rule in judicialpractice is also faced with many urgent problems to be solved. Therefore, this paperfocuses on the inadequacy of relevant legislation of the exclusionary rule of illegallyobtained evidence in civil procedure, begins with the research on the theoretical basis ofexclusionary rule of illegally obtained evidence and puts up the idea of perfecting theexclusionary rule of illegal obtained evidence in civil procedure.Firstly, this paper gives a brief review of the theoretical basis of the exclusionary ruleof illegally obtained evidence, analyzes the concept of evidence and demonstrates theunequal power relationship between the illegal evidence and legal evidence. And it alsoanalyzes the connotation of the rules of evidence and the difference between theexclusionary rule of illegally obtained evidence which is introduced to the civil procedureand the exclusionary rule of illegally obtained evidence in criminal proceedings. Secondly,an analysis of China’s inadequacy of legislation and dispute among scholars is made in thepaper. Through learning from foreign experience and based on the value of, this paperanalyzes the feasibility of the establishment and improvement of the exclusionary rule ofillegally obtained evidence in China’s civil procedure. In the end, the illegal judgmentstandard of the evidence is clearly put forward and the ideas of giving judges thediscretionary power based on the standard for interests measurement and how to improvethe procedures of the exclusionary rule of illegally obtained evidence.