The History,Reality And Future Of Standard Of Unlawful Evidence In Civil Litigation

The cognizance of the unlawful evidence in criminal litigated,soon be widely quoted in criminal field by other country including China.The first time unlawful evidence emerged in our country is in a judicial reply of Supreme People's Court in 1995,which is about evidence of recordings.This official reply means unlawful evidence's conception is adopted by Civil litigation filed.In recent years,the academia hasn't stopped discuss appropriateness of unlawful evidence in civil litigation.In this paper,The writer explained the definition and truth of the alleged "unlawful evidence",compared the situation with foreign countries and put forward a new opinion that the unlawful evidence of civil lawsuit must be transform to the defective evidence.In addition to the introduction and conclusion,this paper will be divided into four parts.The first part introduces the origin and concept of unlawful evidence,preliminary sorting out the concept of civil unlawful evidence in our country.To reveal its essential feature,The writer compared it with the unlawful evidence of criminal procedure,civil defective litigation evidence,preparing for the conclusion that Civil litigation defective evidence will instead of the unlawful evidence by discussing their relation and distinction.At the same time,through the research on civil litigation evidence status of representative countries and regions,we can find that in other countries and regions,most of the unlawful evidence applicable only in the field of criminal litigation.The second part mainly aims at the development history of civil unlawful evidence in our country accompanied by three judicial cognizance.The second part mainly aims at the development history of civil unlawful evidence in our country accompanied by three judicial cognizance.The author has discussed their contents respectively,clarified the change process of civil unlawful evidence in our country,introduced the civil lawsuit cognizance standard of unlawful evidence of our country at present.The third part,The writer make a general survey about the change progress of three judicial cognizance and find that the development trend of China's civil lawsuit unlawful evidence is standards continue to improve the area is smaller.The cause of the change is also the dynamic factors of change,it pointed out the developing direction of the civil unlawful evidence in our country.The fourth part mainly expounds the nature of civil litigation combining with the contents of the defective evidence,it can be find the situation of civil action taken for unlawful evidence in our country is the narrow scope of it almost can be classified as defective evidence and even legal evidence in nearly ten years.The writer look forward to the future civil unlawful evidence in our country,and believed that the cognizance standard of civil unlawful evidence will be further improved,and it's content will finally be completely replaced by defective evidence.The author demonstrates the conditions,necessity of the unlawful evidence transformed to defective evidence in civil action,explained the reason of defective evidence applicable civil procedure.Finally it is concluded that in the future civil unlawful evidence was replaced by the defective evidence reasoning.