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The Standand Of Unlawful Evidence In Civil Procedure Law

Posted on:2016-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:X F HuFull Text:PDF
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The civil exclusionary rule is important to the protection of basic civil rights、the realization of procedural justice and safeguarding the dignity of the law. The center of the rule is the standard of unlawful evidence. The unclear standard is embodied in the disagreement about the elements and the unclear specific criteria. The essay aims at solving these problems. The essay includes five chapters.The first chapter tells a typical case to evoke people to think about. By analysis, a conclusion can be made that the reason why three courts make different decisions is due to the unclear standard of "obtain evidence by trap". the importance of this essay can be seen.The second chapter centers on the condition of the legislation of civil procedure.By analysis of the situation, a lot of progress and problems can be seen. The problems are as follows:the lack of high-order law, the unclear standard, and the shortage of specific instruction in applicable law.The third chapter focuses on the macroscopic investigation, aiming at seeking for the value of the standard、the connection between the ability of the evidence and the rule and distinguishing the unlawful evidence and the lawful evidence to understand the elements of unlawful evidence. Then, discuss the specific standard and the exception. First, define the connotation of "harm" and "legitimate rights and interests" and make "harm severely "clear. At the same time, talk about the condition:concerning different interests and including three conditions. Second, through the comparison of civil procedure and criminal procedure, it can be seen that physical evidence and oral evidence must be made a distinction,The connotation of law in "violate the legal prohibitions" can be known, as well as the extent to which "violate the law". Third, present the connotation of "public order and good morals" and the degree of violation. At last, it is about the exceptional situation.The fourth chapter is about the specific legislation suggestion, such as, upgrading the high-order of the legislation、adding the "ability of evidence"、 making clear the criteria、strengthening the instruction in applicable law and adding the provision about the violation conduct by which people get the evidence defined to be lawful.The fifth chapter is about typical cases analysis.
Keywords/Search Tags:the standard of unlawful evidence, unlawful evidence, legislation suggestions, typical cases about obtaining evidence
PDF Full Text Request
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