In recent years,with the growth of awareness of protecting human rights,illegal evidence exclusion this important evidence rule has gradually expand from criminal proceedings to civil litigation,this rule applies to guarantee the basic rights,weigh the lawsuit in various value is of great significance.To conform to this trend,our country also made the corresponding legal norms will be sure to this rule,but through the legislative status quo,the judicial practice points,the our country civil illegal evidence exclusion,the lagging behind of legislative defects and research on the lack of specific operational on entity,also does not have a complete system in the process,in practice.Therefore,it is necessary,by means of comparative method to inspect foreign legislative and judicial practice,from two aspects of entity and procedure to rebuild the rules,play the role to the rule.This paper is divided into four parts:The first part is based on what is "illegal evidence",detailed introduces the concept of civil illegal evidence exclusion,clear the scope of this article needs to discuss,and then from the rules in the theory and practice two aspects discusses the value of this rule,this rule has been clear about the research significance.The second part by means of comparative law,investigation to conclude on the rules of other countries in this legislation,the judicial practice,the characteristics of the value,etc,combined with China's specific national conditions,to seek perfect eliminating rules of civil illegal evidence in our country can draw lessons from.The third part,through enumerated our country judicial cases,relevant legislative evolution and judicial practice of common illegal evidence form three aspects to introduce eliminating rules of civil illegal evidence in our country's development and the present situation,and summarizes the current existing problems in this rule.The fourth part is based on the comprehensive consideration of China's national conditions and foreign experience.Aiming at the problems that existing in the practice,to build and put forward the corresponding Suggestions on the entity rules,and for the perfection of the relevant supporting system are also put forward. |