About Our Civil Procedure Illegal Evidence Exclusion Rules Research Problem

In the society of rule by law construction, the exclusionary rule of illegallyobtained evidence has important significance.The earliest evidence of illegalexclusionary rule originated in the United States in the field of criminal procedure,now illegal evidence elimination rule not only has been established and developed inmany countries, and gradually developed into the field of civil procedure.Now, theexclusionary rule of illegally obtained evidence in our civil litigation field is only thepreliminary stage of development, the theory is not mature.This paper will bediscussed from the following four aspects, in order to research on the problem ofillegal evidence exclusion rules of civil procedure law in China.First, this paper introduces the basic theory of the exclusionary rule of illegalevidence in civil litigation.Mainly introduces the related concepts of the exclusion ofillegal evidence, namely the concept of the concept of evidence, illegal evidence andthe concept of the exclusionary rule of illegal evidence.The illegal evidence in theconcept of illegal evidence, illegal evidence in narrow sense, this paper uses, thesubject of obtaining evidence illegally obtained evidence.This paper also introducesthe theoretical basis of civil action to establish the exclusionary rules of illegalevidence, rule established in civil litigation to provide theoretical support for theexclusion of illegal evidence.Second, the relevant provisions of the investigation of Anglo-American lawsystem and continental law system of civil illegal evidence exclusion rule was studiedby comparative analysis, draw the following conclusion: most countries according tothe principle of balancing of interests in specific cases by the judge to the exclusionof the illegal evidence of discretion; some countries will serious illegal as judgmentstandard elimination of illegal evidence.Through the study of the illegal evidenceexclusion rules of two legal systems, so as to construct and perfect our country thecivil illegal evidence exclusion system reference. Third, through the analysis of the relevant provisions of the exclusion of illegalevidence in civil lawsuit, that the Supreme People’s Court of the two judicialinterpretations on elimination of illegal evidence in civil litigation made someprovisions, but the problems: one is the principle provision, unreasonable regulations,unclear, incomplete, the lack of operation rules; two is the system of evidencecollection and in the civil litigation of our country cannot achieve docking; three isnot conducive to the realization of "judicial fairness and efficiency" concept.However, the provisions of the Supreme People’s court provides the clues for us.Atthe same time, the judicial practice in China involved in reviewing a few specialclasses of the legitimacy of evidence collection behavior.Fourth, this paper improve the exclusionary rule of illegal evidence in ourcountry is discussed in civil litigation, illegal evidence in civil litigation is a clearexclusion criteria, namely, to establish "substantive judgment standard of majorillegal", and introduced the principle of balancing of interests; two is in view of ourcountry present civil proceedings of the exclusion of illegal evidence is insufficientrules there’s some improvement advice. The three is to improve the relevant system ofthe exclusionary rule of illegal evidence in civil litigation. One. stipulates theevidence collection means. Two. to further improve the security measures of theevidence collection. Three. determine the principle of balancing of interests. Four.strengthen the discretion of judge standard. Four is the legitimacy of some special actof.