Eliminating Rules Of Civil Illegal Evidence In Lawsuit Research

The rule of exclusion of illegal evidence is established in the field of civil procedural law in the form of judicial interpretation, and the standard of "serious infringement of the legal rights and interests of others", "violation of legal prohibitions" and "serious breaches of public order and good morals" is compared with the former standards But because the rule itself contains the procedural justice and substantive justice, human rights protection and other value conflicts, coupled with the "legitimate rights and interests" and "public order and good morals," the connotation of the extension is too broad, there is no clear what "legal prohibitions", Making the trial there is ambiguity; In addition to the "serious" with the judge basically the subjective judgments, easily lead to the same case different sentencing, so that the law is not predictable at the same time damage the authority and credibility of justice. This paper introduces the application of the exclusionary rule in foreign countries, analyzes the legislative situation of the rule in China, and based on the objective reality of the difficult subject of evidence collection of civil subject in our country, on the basis of the foreign legislation, In the civil procedural law, the exclusion rule of illegal evidence should be constructed, and the lower standard should be set.This paper is divided into three parts. The first part introduces the rule of exclusion of illegal evidence, which was initially established by judicial authorities in the United States and mainly aimed at law enforcement officers. After the rule was extended from criminal field to civil field, from the US to the whole world, There is a very different position on the need for the rule in the field of civil litigation. There are a considerable number of scholars, experts believe that the exclusionary rule of illegal evidence intended to restrict public power to protect the rights of citizens, and its value is mainly reflected in criminal proceedings, civil proceedings for the phenomenon of illegal forensics can be punished by civil compensation or criminal prosecution, The other is that civil action in the illegal evidence of the same violations of civil rights, if the illegal evidence is not excluded, is tantamount to indulgence of private infringement, while undermining the legitimate value of the program. It can be seen that there is still controversy over whether or not the exclusionary rule should be established in the civil litigation. This paper, by assuming that the illegal evidence exclusion rule is not established in the civil action and analyzing the consequent result, leads to the existence of the civil action The value of independence in the field of procedural justice, and the protection of human rights.The second part introduces the development of illegal evidence exclusion rule in Anglo-American law system and continental law system. The judicial department of USA is tolerant to private illegal evidence collection. Generally speaking, it only deals with illegally obtained audio and video, electronic communication information and lawyer's violation of professional ethics. The evidence collected by the United Kingdom is excluded, and the evidence of private access to the United Kingdom is not usually excluded, unless the evidence is serious enough to exceed the tolerance of the public, the judge will use the discretion to be excluded; the German court to protect the violation by the Constitution Of the human rights of core values, especially when these core values involve the dignity of human dignity, will negate the qualification of evidence, contrary to the evidence obtained by violations of general law, the principle of interest will be adopted trade-offs. The article expounds the legislative experience of the rule in our country and clarifies that there are still many blanks to be filled in the "lawful rights and interests", "public order and good morals" and "legal prohibition requirement" in comparison with the application of the exclusionary rule in foreign countries.The third part bases on the objective reality of the civil subject in our country, and on the basis of the foreign legislation, it is suggested that the rule should be established in the civil procedural law, and the basic principles of the rule should be established, The principle of good faith, and the evidence-ridden means such as videotaping, trap evidence and the fruit of the poisonous tree to be analyzed, and illegal exclusion of the two exceptions-out of goodwill and others to explain the offense.