Study On Exclusionary Rule Of Civil Procedure

In the process of the development of the rule of law, the law re-thinking entity light procedure entrenched, but in recent years, the importance of procedural justice gradually emerging, civil procedure rule exclusionary rule is the one to guarantee the realization of justice and established procedures. This rule not only can regulate the way parties to gather evidence, and can protect the legitimate rights and interests of citizens, although it has been established decades in our country, but due to the development of many new social problem issues, which hindered the judicial practice smoothly, it is really necessary to reform the rules.From four aspects, the first part is the theoretical basis of the study of the rules, from the macro and micro perspectives necessity in our civil procedure rules established by excluding illegally obtained evidence.The second part is the major countries outside the exclusionary rule of comparative law, in addition to focusing on the good practices of these countries, but also summed up the practice of extra-regional countries to China related inspiration, for example, say you want to take a relatively liberal principles, and to give judges discretion and the like.The third part is the status of the exclusionary rule of civil procedure were introduced, including current legislation, the practice of the outstanding problems and Analysis of both three points. While "a number of provisions of the civil evidence" and 2015’s "Supreme People’s Court on the application of <People’s Republic of China Civil Procedure Law> explanation" exclusionary rule of civil procedure made some provisions, but the legislation did not trap of evidence, reward evidence, polygraph evidence to the judicial practice of special issues clearly defined, and therefore difficult to judge the judicial practice uniform application.The fourth part is how to refine and apply civil illegal evidence exclusion rules make some systematic recommendations. Improve and refine the rule should be "a number of provisions of the civil evidence" and article 68 of the 2015 "Supreme People’s Court on the application of <People’s Republic of China Civil Procedure Law> interpretation of" Article 106 as the fundamental basis for further provided specific provisions, first, to improve the premise of safeguard measures, such as improving awareness of evidence the parties to gather evidence safeguard mechanism, a clear party forensics rights and ways to improve judge system and lawyer system, strengthening citizens, etc.; secondly, to build a sound application of the system, such as clear the specific rules applicable standards, the introduction of trade-offs in which to build a sound identification mechanism, set up illegal evidence exclusion objection procedures; Finally, add some exceptions.