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The Practical Application Of The Exclusion Of Illegal Evidence In Civil Litigation

Posted on:2018-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:B R JinFull Text:PDF
GTID:2356330518992069Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Civil illegal evidence exclusion has always been controversial. This paper uses the empirical method of investigating the referee instruments, analyzes 393 cases and investigates the practical application of the illegal evidence. In this paper,the author puts forward some suggestions on how to study the illegal evidence.The first chapter classify the case data and statistics. Including the number of cases of illegal evidence exclusion, trial level, geographical distribution and types of evidence. And then from the perspective of the parties and the judge point of view of the relevant cases,combined with the statistics of the parties to apply for illegal evidence, to exclude the reasons for the evidence to provide evidence; judge's review of the exclusionary,judges on the applicant to provide evidence of the review,judges on different grounds of party responses, judges grounds for exclusion of illegally obtained evidence.The second chapter is about the exclusion of illegal evidence. This paper analyzes the typical cases by combining the three conditions of serious violation of the lawful rights and interests of others, violating the provisions of legal prohibition and serious breaches of public order and good law, and combining with the data to evaluate the practical application. It is argued that the civil procedural law of our country is relatively loose to the problem of exclusion of illegal evidence,the judge has the discretion to exclude the use of illegal evidence, the existing illegal evidence exclusion rule there are shortcomings.The third chapter is the study of the exclusion of illegal evidence. On one hand,and starting and verification of the exclusionary and should be mainly application and evidence, on the illegal evidence burden of proof borne by the applicant, apply high probability as a standard of proof.The fourth chapter on the future prospects of the exclusionary rule. Affirmed the necessity of continuation of the exclusionary rule, and then put forward several suggestions to perfect the exclusionary.
Keywords/Search Tags:Illegal evidence, The way of collect evidence, Judgment documents, Exclusion criteria
PDF Full Text Request
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