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Study Of Exclusive Rule Of Civil Illegal Evidence

Posted on:2014-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:S H LiFull Text:PDF
GTID:2256330425471661Subject:Law
Abstract/Summary:PDF Full Text Request
As one of the important content of the rules of civil procedure evidence, the rules of procedure illegal evidence exclusion are not stipulated in detail by China’s law. In fact, perfecting the rules of civil procedure illegal evidence is of vital significance. With a full range of interventions and impact of information technology on human life, the individual rights of citizens are confronted with threats and abuse of the electronic technology in digital era, combined with the disputes subjects’weak perception of law in China, the events of infringing upon the lawful rights and interests of others is occurring with high frequency in practice due to citizens’ behavior of illegally obtaining evidence, therefore, it is imperative to have the rules of civil procedure illegal evidence explored in-depth and have the system of it established in China. In view of this, this paper, by comparing the rules of civil procedure illegal evidence of the United States with that of Germany, will explore the legislative experience and practice achievements that we can learn from to establish and improve China’s system of the rules of civil procedure illegal evidence in civil proceedings. The paper is divided into four parts:The first part is about the basic issue of the rules of civil procedure illegal evidence. By defining the concepts of "civil illegal evidence" and "the rules of civil procedure illegal evidence" in this part, the theoretical analysis of the rules of civil procedure illegal evidence is elaborated in an attempt to grasp the basic concepts and theories and lay foundation to the exploration in the following parts.The second is the legislative comparison of the rules of civil procedure illegal evidence. The differences of the rules of civil procedure illegal evidence in the United States and Germany will be analyzed and the implications of these differences on our establishment of the rules of civil procedure illegal evidence will also be pointed out by comparing the legislation of the rules of civil procedure illegal evidence in the two law systems.The third part analyzes the status quo of China’s the rules of civil procedure illegal evidence. This part describes the stipulations related to the rules of civil procedure illegal evidence in our existing law and judicial interpretations, points out that its shortcomings mainly lie in the abstract contents and the lack of operability, and talks about several typical problems about "illegal obtainment of evidence" combining with the judicial practice. The fourth part is the perfection of our rules of civil procedure illegal evidence The shortcomings of our rules of civil procedure illegal evidence will be mainly combined to present specific establishment proposals from the aspects such as principles to be based on, the scope to be excluded, the subject and the time to propose, as well as the burden of proof.
Keywords/Search Tags:Civil Action, Illegal Evidence, Exclusion Rule
PDF Full Text Request
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