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Study On Exclusionary Rules Of Illegal Evidence In Civil Lawsuit

Posted on:2013-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChangFull Text:PDF
GTID:2296330362464432Subject:Law
Abstract/Summary:PDF Full Text Request
The exclusive rule of illegal evidence in civil litigation as a principle of standardizing aperson to invest for evidence. Ensure his basic rights and uphold the social benefits plays avery important role in the harmony and steady development of society. However, our currentlaws are not clear in the aspect of eliminating the illegal evidence rules and they are not soperfect as we expect. Which contributes to the failure to develop the function of the illegalrules. And destroying people’s rights worse and worse. Therefore, Looked from our country,legislation and judicial practice, and from our country’s national condition, the illegalevidence elimination rule should be taken highly.To make clear the criterion of excluding illegal evidence furthermore. On6th March1995, the supreme People’s Court made a judicial replay on talk recordings for the Higherpeople’s Court of Hebei province, and on21stDecember2001, the Supreme People’s Courtmade provisions on civil litigation evidences, Chinese government make the explanation andstatement to some classes such as theory and practical ones for it.Meanwhile, the governmentinvest and compare the illegal evidence and take America Britain Germany for examples toget some experience from them. And at the same time come up with some good ideas ofperfect our rules of eliminating the illegal evidence, give the standard and limits ofeliminating and set up the proper procedures for civil lawsuit Illegal evidence Illegallyobtained evidence exclusionary rule.This thesis analysis the exclusive rule of illegal evidence in civil litigation systematicallyand thoroughly, focus on the present situation and implement, shoe the important values, andputs forward the concrete suggestions to perfect our exclusive rule of illegal evidence in civillitigation, hope to be beneficial to the reform and improvement of our civil judicial system.
Keywords/Search Tags:Civil lawsuit, Illegal evidence, Illegally obtained evidence exclusionary rule
PDF Full Text Request
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