Study On The Rules Of Related Problems Of Exclusion Of Illegal Evidence In Civil Litigation

The exclusionary rules of illegal evidence refers to due to violation of the provisions of laws, violated the legitimate rights of others and collect specific facts, because it does not have the legal elements, litigation rights of protection of procedural justice and the parties based on the consideration of, and to exclude evidence rules. In civil proceedings, the judge by giving full play to the role of the exclusionary rule of illegal evidence, eliminate the obstruction of evidence materials accurately and rationally recognize the case, make the legal truth can be infinitely close to the facts of the dispute. Civil illegal evidence exclusion rules of many of the rights of the parties to respect, it emphasizes the protection of the legitimate rights and interests of the parties. At the same time, the rule of exclusion of illegal evidence in favor of guaranteeing the procedural justice, the civil dispute solution obtained in the justice procedure. Our country about the rules of civil procedure illegal evidence exclusion rules less, only in 1995, the Supreme Court "on without the consent of the other party secretly recorded the conversation information obtained can not be used as evidence for the use of approved" and 2002 "several regulations about the civil action evidence." sixty-eighth. This paper is mainly from the typical individual case to elaborate the exclusionary rules of illegal evidence is how to use, social and legal values conflict at the same time in practice when there should be how to choose, and finally puts forward some suggestions to improve the.This paper is the description and analysis of the exclusionary rule of illegal evidence in civil litigation. Firstly, the concept of civil illegal evidence exclusion rules defined in the constitution, which have. And then to the types of illegal evidence in civil litigation are classified and compared, with the characteristics of the illegal evidence to distinguish between the different. Then has carried on the analysis to the typical individual case, including trap forensics, secret recording and reward of evidence, the judge in this case for obtaining evidence illegally obtained evidence attitude is different, some consider the evidence factors, some consider the social factors influencing the case. Secondly, the analysis of the specific practice the trial judge practice, put forward the personal view, expect to be able to provide effective reference for the practice of judges. The last is to improve the exclusionary rule of illegal evidence in our civil litigation, first introduced the individual countries on the rules of civil procedure illegal evidence exclusion is how to define the definition of illegal evidence, and the face of all the national common practice is what, what is the beneficial reference to the judicial practice in China, and finally how to illegal evidence exclusionary rules of our country perfect.