On The Exclusive Rule Of Illegal Evidence In Civil Litigation

The exclusive rule was first established in criminal procedure. However, due to the diversity and liberty of modern social life, the exclusive rule in civil litigation also emerges as a problem. Currently, the civil procedure law dose not provide specific and practical standard to exclude evidence illegally obtained, which lead to a confusion in case trial. Through analysis on evidence illegally obtained, typical as entrapment, evasion and eavesdropping, the article rises specific and practical standard to exclude illegal evidence. On the other hand, the article tried to analysis the admissibility of evidence collected by the state in civil litigation, and also put forward steps for judgment.