Rules Of Civil Evidence Excluded Studies

In the beginning, the exclusionary rule applies only to criminal proceedings in the field, and later with the development of human rights activists, civil litigation in the field has begun to pay attention to the construction of the exclusionary system. The exclusionary rule in civil cases plays an important role in fact restore and maintain the dignity of due process and justice, enhance the credibility of the judiciary and other aspects. In China, the provisions in this area is still relatively lacking, and specific procedures in the judicial practice has not established. This thesis is excluded from the exclusion of illegally obtained evidence and other evidence to tell the story of both the defects of the law and the corresponding measures to improve inadequate. Other evidence includes the exclusionary rule of hearsay, the exclusion of character evidence rule, the exclusion of non-original evidence rule,the exclusionary rule of qualifications, opinion evidence exclusionary rule,and the delayed evidence exclusionary rule. Our current exclusionary rule against hearsay has a small range of major content inconsistencies, and lack of appropriate procedural safeguards and other defects, for which we should expand the contents of hearsay evidence and make different provisions depending on the nature of the evidences; establish appropriate procedural safeguards and opposition party system. The main problem in the qualifications of the exclusionary rule of evidence building encountered is how to decide the testimony provided by the mentally ill who can not fully distinguish their actions and the minors can be adopted, for which we should pay attention to study its perception, comprehension and expression ability. In the opinion of the exclusionary rule, the regulations in the Civil Procedure are simple, and it has not be implemented in actual judicial practice, for which we can express provision for common witness opinion evidence admissibility criteria in the law, the comprehensive appropriate use of the whole case, and improve our system of expert opinion evidence, and identification of human complement system. In terms of character evidence excluded, our Civil Procedure barely involved, and we can learn from the relevant rules of common law and civil law countries make corresponding improvement. In terms of non-original exclusionary rule, the regulations about the form and substance of the effectiveness are relatively lacking, and we should start from the original form of evidence of effectiveness and non-substantive validity aspects to be improved. For the delayed evidence exclusionary rule, now both Anglo-American law and civil law countries have adopted a more moderate attitude that generally will not be excluded and the Civil Procedure Law promulgated by China’s new interpretation also reflects this principle. The most important part of civil exclusionary rule is the exclusionary rule of illegal evidence. The exclusionary rule of illegal evidence has many shortcomings, such as unclear scope, vague connotations, the missing program and so on. Through the common law and civil law countries associated reference system, we want to make the scope of legislation clear and take measures to improve the specific program.