Study On Exclusionary Rule Of Civil Procedure

The criminal procedure law precedes civil procedure law in the field of research on the exclusion of illegal evidence,this principle has been the focus of criminal litigation.Both "Civil Procedure Law” and "Some Provisions of the Supreme People's Court on Producing Evidence in Civil Actions" set rules in the field of civil procedure illegal evidence exclusion,but either "infringes on the lawful rights and interests" or "violation of legal prohibitions",the certification standard of evidence is relatively abstract,which can cause considerable difficulties in actual operation.In 2015,the Supreme People's Court enacted interpretation on the application of the civil procedure law of the People's Republic of China."Evidence formed or obtained by seriously violating public order and good custom" is added into article 106,which enhanced the exclusion range of illegal evidence.This thesis,which based on the argument of the civil illegal exclusionary rule,considering China's legislative and judicial status quo and existing problems,is reckoned to put forward concrete conception on how to optimize civil illegal exclusionary rules.It is suggested that the exclusion criteria of illegal evidence should be refined in the substantive part,pretrial meeting should be made full use to eliminate illegal evidence in the procedural part,specific operation is discussed as well.A relief method on how to remedy if evidence is eliminated illegally is promoted at last.