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The Theory Of Civil Procedure Illegal Evidence Exclusion

Posted on:2017-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:P P NieFull Text:PDF
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Our country in the criminal illegal evidence exclusion rule has a relatively perfect laws and regulations, but in the civil illegal evidence exclusion rules, the relevant laws are few, the judicial practice all over the court’s approach is different, the same case will appear in a different verdict, some courts even take evasive attitude. Theorists have also argued a lot, there have been a variety of theories. This paper attempts to some of the practices of foreign civil illegal evidence exclusion rules through comparison research and through to the present stage of our country legislative situation, the current theories analysis, for China’s civil illegal evidence exclusionary rules of construction and put forward some suggestions.This paper is divided into five parts, the first part, introduces the purpose and significance of this topic, and after consulting a lot of documents based on, relevant research of domestic and foreign scholars do a rough introduction, given after the theoretical guidance. The second part, introduces the civil litigation exclusionary rule of illegally obtained evidence in the basic theory, mainly includes the concept of illegal evidence, illegal evidence row meaning of exclusionary rule, illegal evidence exclusion rules of relevant theories as well as the civil illegal evidence exclusion and the criminal illegal evidence exclusion between the difference, and of civil illegal evidence exclusionary rule has a thorough understanding, lays the foundation for the following part of. In the third part, of Anglo American law system and continental law system of civil procedure illegal evidence exclusion rules of the relevant provisions were comparative analysis, and then from summed up the valuable legislative and judicial practice experience for our reference. The fourth part, the current situation related to the exclusion of civil illegal evidence in our country are analyzed, problems which exist in our country on this set of rules that, combined with our country some typical civil case to illustrate the current fuzzy illegal evidence exclusionary rule does not have the actual operation, the judge in the treatment of these cases held different from the point of view, is not conducive to safeguard the party’s legitimate rights and interests, show perfect civil illegal evidence exclusion rule is necessary. The fifth part, combined with the above analysis results, proposed to rules of legislation mode and suggestion for improving the exclusion of civil illegal evidence in our country, should set up clear of the illegal evidence exclusion criteria, the introduction of interest measurement principle, clear the launch of the main illegal evidence, a reasonable allocation of illegal evidence of burden of proof and so on.
Keywords/Search Tags:Illegal evidence, Exclusion rules, Exclusion criteria, Interest measurement, Burden of Proof
PDF Full Text Request
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