Research On Exclusion Rules Of Illegal Evidence In Civil Procedure

With the enhancement of people's procedural awareness,the exclusionary rule of illegal evidence in civil litigation has gradually become a hot topic of discussion.The exclusionary rule of illegal evidence in criminal litigation has been established,but only a few judicial interpretations in civil litigation are standardized,which can not meet the needs of judicial practice.This paper takes the exclusionary rule of illegal evidence in civil litigation as the research subject,combines with empirical research,puts forward the current exclusionary rule of illegal evidence and the problems in judicial practice,and puts forward the construction of exclusionary rule of illegal evidence.In the preface,the author puts forward the reasons for choosing this topic from the basis of topic selection,makes a literature review,summarizes several issues discussed more,and introduces the four research methods adopted in this paper and two innovations in content and research methods.The first part is about the practical dilemma of the exclusionary rule of illegal evidence in civil litigation in China,which is analyzed from the legislative and judicial perspectives.From the legislative point of view,starting with the emergence and development of the legal norms of exclusion of illegal evidence in civil proceedings,this paper evaluates the significance and shortcomings of the existing legal norms.From the perspective of judicial practice,through the analysis of 234 judicial documents,this paper shows the understanding and application of the exclusionary rule of illegal evidence in judicial practice from two different perspectives of the parties and judges,and finds out the low application rate of exclusionary rule of illegal evidence reflected in judicial practice,the unclear standard of identification of illegal evidence,the existence of different judgments in the same case,and the inadequate reasoning for the judge to invoke the law.And so on.It also analyses other typical cases involving the exclusion of illegal evidence in practice: private detective,reward forensics,trap forensics,and puts forward suggestions for its standardized development.The second part,the theoretical basis of the exclusion of illegal evidence in civil litigation,analyses the basic concept of "illegal evidence",and explains the narrow meaning of illegal evidence in the exclusion rules of illegal evidence discussed in this article: evidence that the procedure and means of collecting evidence violate the legal provisions and infringe on the legitimate rights and interests of others.As for the legitimacy of the exclusionary rule of illegal evidence in civil proceedings,this paper expounds the unique legitimacy of the exclusionary rule of illegal evidence in civil proceedings from the perspective of different value pursuit and different requirements from criminal proceedings,and owing to the difference between civil proceedings and criminal proceedings,it should have certain limitation requirements,and should limit the exclusive scope and strictly exclude standards.The third part,"Theory and Practice of Exclusion of Illegal Extraterritorial Evidence" separately studies the exclusion rules of illegal evidence in four typical countries: the United States,the United Kingdom,Germany and Japan in the common law system,finds out their characteristics of exclusion of illegal evidence in criminal and civil litigation,and summarizes the Enlightenment of this rule in China's construction: prudent application,self-determination of judges.Discretionary and exclusionary phases.In the fourth part,"Thoughts on Improving the Exclusion Mechanism of Illegal Evidence in China's Civil Procedure",starting from the establishment of a complete exclusion system,the scope of application and exclusion criteria and limits of the exclusion of illegal evidence should be determined in the form of legislation.In the application procedure of exclusionary rule of illegal evidence,it is necessary to clarify the subject of exclusionary rule of illegal evidence,the burden of proof and the period of exclusion.At the same time,in judicial practice,we should standardize the behavior of judges,give judges discretion,and strengthen the publicity of judges' evidence.Finally,we should establish supervision and restriction mechanism.In the application of procedure,the parties can appeal the result of exclusion of illegal evidence through objection mechanism,application for appeal and application for retrial mechanism.At the same time,we can use case guidance system to make the public strengthen supervision and restriction on the phenomenon of "different judgments in the same case".From the above four perspectives to improve the construction of the exclusionary mechanism of illegal evidence in China's civil litigation.