Research On The Exclusion Rules Of Illegal Evidence In Civil Litigation

As for the exclusionary rule of illegal evidence,we are more familiar with its application mainly in the field of criminal procedure,but seldom mention it in the field of civil procedure.It is important to note that with the improving of the modern science and technology,mobile phone,camera as the mass consumer goods is becoming more and more at the same time its multifunctional role,everyone can easily through the use of advanced electronic products for recording and presentation,is to enter the media age,so that it enables the conflict between equal civil subject to collect evidence or stored in the form of diversification,too.In fact,in civil litigation,no matter how practical or theoretical,there is not much relatively perfect application and exclusion of civil litigation evidence for various types and diverse situations in China.In the face of such complicated evidence materials,there is a lack of clear and The exclusion of illegal evidence in operational civil litigation may lead to judicial injustice,the inability of the legitimate rights and interests of the parties to be protected,and the inability to implement legal procedures,which makes the effective application of illegal evidence exclusion rules in the field of civil litigation in China restricted.Therefore,in order to safeguard the legitimate rights and interests of the parties,defend the dignity of the law,and also save judicial resources and improve judicial efficiency,both in the theoretical and practical circles,a clear in the civil lawsuit can be accurately grasped by the judges,and legally reasonable and fair The exclusion criteria for the illegal evidence of the judgment are indispensable,which not only affects the legal basic rights of the litigants and the protection of the public interest,but also affects the realization of substantive justice and procedural justice.This paper starts with the basic theory of the exclusion rule of illegal evidence in civil litigation in China,discusses the legislative status and judicial status of the rule in China's civil litigation,points out the problems of the rule in the field of civil litigation in China and analyzes its causes,and then summarizes it by combing it.The typical domestic cases,combined with the case to interpret the relevant laws and regulations,and strive to explore the specific types of illegal evidence exclusion standards,and finally on this basis,targeted recommendations to improve the illegal evidence exclusion rules for civil litigation in China.