The Rule Of Civil Procedure To Exclude Illegally Obtained Evidence

"Based on facts and law as the criterion.Is we must follow the guidelines in litigation activities,in hearing the "fact" is often represented "evidence".Evidence can be use means that the truth can be found that it is closely related to the whole process of v.pine.Standard of civil illegal evidence in the important position,the cognizance of it and the evidence material choice,the parties' legitimate rights and interests safeguard,the implementation of the statutory procedures,etc.Illegal evidence cognizance standard content is not clear,however,the lack of operability,there are a lot of controversy in the applicable process,is not conducive to truly achieve justice.In this paper,by analyzing the relevant theories of eliminating rules of civil illegal evidence,find the problem of substantive and procedural rules of the domestic by investigating the illegal evidence exclusion rule system abroad,to perfect the rules of civil illegal evidence in our country.The article is divided into four chapters.The first chapter introduces the related concepts of the illegal evidence in civil litigation,has carried on the limits to illegal evidence,understand the value of the eliminating rules of civil illegal evidence,analyzes the current mainstream view,provides a theoretical basis of civil illegal evidence in order to further improve.The second chapter is the standard of civil illegal evidence of macro comparison method,through the introduction to foreign rules,aims to address the significance of our country,the foreign advanced theory and system combined with its national conditions,provide support for perfecting cognizance standard of illegal evidence in China.The third chapter in the existing civil substantive and procedural rules of illegal evidence is not perfect,and the lack of relevant supporting measures,combined with the latest problems in legislation and practice in our country.Chapter iv eliminating rules of civil illegal evidence in China is discussed indetail how to improve;First,improve the substantive rules of illegal evidence elimination rule,including the cognizance of criterion,rule out way the establishment of the legislation and legal consequences.Second,to build eliminating rules of civil illegal evidence procedural rules,mainly out of phase,clear motion to the main body,a reasonable allocation of the burden of proof.Finally set up the supporting system and eliminating rules of civil illegal evidence is divided into the specification of forensics,investigation of security,limits of discretion of the judge is the final conclusion of this article summary,for our country civil litigation pine to further perfect the summary of the illegal evidence elimination rule.