Research On The Improvement Of Exclusive Rule Of Illegal Evidence In Civil Procedure Law

Evidence is the backbone of civil litigation and a lawsuit is an evidence. In theprocess of a lawsuit, the parties are always trying to collect evidence which isadvantageous to them. To a certain extent, more quantity of evidence, more sufficientto prove the process, the greater value of evidence, the greater resistance of the otherparty’s demands and the greater hope of winning a lawsuit. But the evidencesubmitted to the court cannot be used as the basis for the final judgment. Therelevance may not be clear and judge it firstly in order to exclude the illegal evidence.No legitimacy is no ability which should be ruled out, unable to enter of the real worldconsisting of evidence. So eliminating rules of civil procedure illegal evidence arisesat the historic moment.The article altogether consisting of five parts, the author is thought of the articleaccording to the theoretical logical order. Firstly,based on the ability theory and thelegitimacy standard theory of the evidence, the core issues of the article, namely,eliminating rules of civil procedure illegal evidence is the beginning.Secondly，eliminating China’s legislative situation and absorbing the essence of criminal illegalevidence exclusion mechanism，longitudinally contrast the nature differences betweenthem, thus explore the possibility of exclusion rules on applicable. Widely concernover fruitful achievements in the judicial practice, so the case of forensics way hasfocused on four main types. Then investigate typical characteristics of the illegal evidence in the extraterritorial states and be inspired by them. Consummating ourcountry’s civil lawsuit illegal evidence exclusion rules, based on valuejudgments,it’s time to perfect the exclusion criteria substantively and operating rulesprocedurally. Reiterated the purposes and mission of exclusion rules, to this lastparagraph, the author slightly describe judge system and evidence collection system,hoping to keep the thinking.Rules of civil procedure illegal evidence exclusion is made up of "illegalevidence" and "exclusion rule". Improving the rules of civil procedure illegalevidence exclusion, it is need to adhere to the tolerant and pragmatic attitude that"material illegal, serious infringement" should be as the judgment, empower thejudge freedom and introduce of interests measuring as the exclusion method andcomprehensively considerate of evidence collection behavior itself. The author callson focus on the value of independent civil procedure which is forgotten in the cornerfor a long time.Theoretical research should be transferred to the precise and rigorousprogram design and practical and feasible operating rules.