On The Rule Of Exclusion Of Civil Illegal Evidence

The exclusive rules of illegal evidence first established in the United States, it originated in case of "Weeks v. United States". In civil judicial practice, China has basically tend to establish and apply the exclusive rules of illegal evidence. The exclusive rules of illegal evidence refers to the collection of evidence against illegal, which should be excluded out of the scope of the relevant provisions. Civil and Criminal exclusive rules of illegal evidence has a lot in common, but differ in the regulation body, regulate behavior, criteria and legal consequences.The value of exclusive rules of illegal evidence in civil procedure reflected as protecting the rights of citizens, curbing illegal activities, promoting procedural fairness and safeguarding judicial authority, which is normally including standard, exclusions way and eliminate the program and other components.The exclusive rules of illegal evidence in civil procedure applicable in the China facing resistance implementation by cultural traditions. Whether or not to establish the exclusionary rule has not yet reached a consensus of opinion in theorists of civil procedure, affirmation and negation theory both exists, but affirmation is dominant. China exclusive rules of illegal evidence in civil procedure embodied in three judicial interpretations, which absence of legislation, so that giving judges greater discretion. In China's current judicial practice, common evidence application relatively easy to identification, but special evidence is difficult to identification, such as photographed stealing records, private detective and polygraph evidence and so on. The intention of introduction of exclusive rules of illegal evidence in civil procedure is fine, but the effect in practice was not satisfactory. We should improve the rules in construction of legal norms, refine that standard, strengthen operating procedures and improve support mechanisms.