Research On The Exclusion Rule Of Illegal Evidence In Civil Litigation

Civil rights are given by the law,the right subject can enjoy the right,can also give up the right,in the subject did not give up the rights of the case,others may not be violated.When the law of our country is infringed upon the right of the subject,the relief channels are stipulated,that is,the civil procedure.Civil procedure attaches importance to the parties to the burden of proof,because the parties to the legal status of equality,so they are required to provide their own favorable evidence,you can also go to the other side of the evidence.In order to achieve the purpose of winning the parties,actively collect evidence,sometimes regardless of the legal procedures to collect;sometimes know possibility of committing a criminal offence to collect collection;sometimes used in serious violation of public order and good customs,the illegal evidence put before the judge,if the judge's discretion is very small,estimated not all will be admissible,if the judge's discretion is slightly larger,but some estimates will be admissible,it can't give consideration to the substantive rights and procedural justice.In today's society and civil litigation evidence of the ways and means of the more complex cases,a large number of illegal evidence submitted to the court,judge one by one to the exclusion of illegal evidence,seriously affected the judicial efficiency,sothat the allocation of judicial resources are wasted,and let the parties in a long time,waiting for the result of the trial,the litigation cost is obviously improved,some parties finally had to give up their litigation rights.How to correctly and legally extraction of evidence has become an important issue,and standardize the way of obtaining evidence to cause people's special attention,the scope of the illegal evidence to define and rule out the rules become a hot topic.The law of our country so far has not made a clear definition of the exclusionary rule of civil action,as a principle of the provisions of the Supreme People's court in the judicial interpretation,the provisions pointed out that if the evidence obtained to harm the legitimate rights and interests of citizens or violate the legal prohibition,such evidence should be excluded,can not be used,even for the case a fact finding should also give up.Careful analysis,we know that the provisions have high probability,so the parties may not be able to understand,the judge is difficult to grasp the essence of the essence,poor operability in the judicial practice.Therefore,this article provides a high degree of concern in the legal theory and judicial practice,has continued to discuss,looking forward to the law in the law can make detailed provisions.Briefly described some basic problems of the first papers on exclusionary rule,focus on the analysis of the concept of evidence and illegal evidence,expand the description of the illegal evidence in civillaw and common law in the relevant provisions;discusses the illegal evidence in civil legislation and judicial interpretation provisions,and analysis of illegal evidence exclusion the rules of judicial practice in our country civil procedure deficiencies.Finally,it puts forward the clear evidence of the standard of judgment and the exception of the rule of illegal evidence exclusion,and puts forward some suggestions to improve the rule of illegal evidence exclusion.