Research On The Exclusion Of Illegal Evidence With A Perspective Of Free Evaluation Of Evidence Through Inner Conviction

The exclusionary rule of illegal evidence is an old topic in ChinaCivil Procedure Law area. In terms of the definition of illegal evidence,and how to use evidence exclusionary rule as well as the incompetence inthe design of this rule, there are already a lot of discussions andresearch. This article try to take “Free Evaluation of Evidence ThroughInner Conviction” as a new angle, combined with the judicial practiceand basic values of Constitution, plus the basic theory of Civil ProcedureLaw, so as to offer an analysis on the exclusionary rule of illegalevidence. Through the transformation of Evidence rules in history, thearticle review the change of judge’ s principle on evaluating evidence,and also the effects that this change has exerted on the exclusion ruleof illegal evidence. By studying of the cases and theories, the authortried to convince that the exclusion of illegal evidence, shall considerthe basic values of our Constitution. In regard to the specific circumstances of illegal evidence in different cases, the judge can adoptthe “proportion principle” as a method to offer a cautious approach,while also maintaining the balance between our legal system’s stabilityand justice.