The Study On Exclusionary Rule Of Civil Illegal Evidence

In modern system of evidence, the theoretical base is a prerequisite to the exclusionary rule of unlawfully obtained evidence.The problem of theory and practice about the exclusion of illegal evidence has gone through more than a century in the debate. The core meaning of civil illegal evidence exclusion is to curb the illegal evidence in civil procedure, ensure the legitimate rights and interests of the parties are not infringed. In our country, compared with the criminal litigation, illegal evidence exclusion rules in civil litigation and started the development of late and the relevant provisions of the law and no less theorists pay enough attention. In the "PRC Civil Procedure Law" the exclusionary rule of illegally obtained evidence has not specified, so they should invest more time and energy to give perfect in theory. This paper begins from the analysis of the basic concepts related to the civil evidence obtaining, objectivity, relevance, illegal comparison from the foreign theory and practice of evidence, combined with the analysis of China’s civil illegal evidence exclusion rule development situation so as to get the Chinese construction of civil illegal evidence exclusion rules of the proposed system and the present situation of legislation China contrast conditions pointed out, and the necessity of the establishment of the rule of various difficulties in our country, with a view to the reform of the civil judicial system in our country and the perfection.This thesis consists of four chapters:the first chapter, beginning with the basic concept and characteristics of the exclusionary rule of illegal evidence in civil litigation: from the "illegal evidence","civil illegal evidence exclusion rules" of the meaning, characteristics, scope definition, from the concept of division of the relevant theory. The second chapter, based on Chinese civil illegal evidence exclusion rules legislation present situation, obstacles, in-depth analysis of construction process. The third chapter, on the world the representative countries of civil illegal evidence exclusion rules comparison method to study the different legislation modes. To explore the way of rule system precludes the establishment of illegal evidence in civil suits our country national condition. Is mainly to the Anglo American law system and continental law system in the civil illegal evidence judgment standard, the legal consequences of the illegal collection of evidence, the establishment of rules and make comparative analysis, and then sum up experience. The fourth chapter, the analysis of China’s civil illegal evidence exclusion rules and legislative proposals perfect way. Combined with the above analysis and demonstration results, puts forward China of exclusion of illegal evidence in civil litigation legislation pattern and the improvement suggestion.