On Application Of Exclusionary Rule Of Illegal Evidence In Civil Procedure

The court judge the case based on facts, and facts of civil litigation should be provedthrough the evidence. Without the evidence, it is impossible to know the facts of the case,and the court judge the case will like a castle in the air. So the evidence system has theextremely important position in civil procedure. What’s more, rules of civil illegalevidence occupies the important position in the evidence system. In2002the SupremePeople’s Court promulgated the " Regulations on Civil Evidence ". Then there is a heateddiscussion on the theory of illegal evidence in civil procedure, including the famousscholar’s insights. But in the judicial practice, it’s not satisfactory. Even the same situation,the different judgment. So this paper will search a different way to solve this problem,including the empirical analysis, comparative study, the comparison of the civil law andcriminal law. It will based on the existing civil law, focuses on eliminating rules of civilillegal evidence in our country’s problem.