Research On The Exclusionary Rules Of Illegal Evidence In China

Article 106 of “the Interpretation of the Civil Procedure Law” promulgated in2015 further perfected the scope of application and exclusion criteria for the exclusion rule of civil illegal evidence,and allowed some minor illegal evidence to be used as the basis for the court to determine the facts of the case.This reflects the organic combination of substantive justice and procedural justice.This judicial interpretation has great progressive significance.However,since the establishment of the civil illegal evidence exclusion rule has not been unanimously recognized by the theoretical circles,there is no lack of academic opinion that the civil lawsuit should not implement the illegal evidence exclusion rule.In judicial practice,the application status of Article 106 of“ the Interpretation of Civil Procedure Law” is: the cases in which the parties apply for the exclusion of illegal evidence are concentrated in the field of contract disputes.The types of evidence applied for exclusion are mainly audiovisual materials;the courts are mostly tolerant of illegal evidence.Attitudes and the lack of evidence of illegal evidence are relatively rare.Generally,in the judgment,it is directly decided whether to exclude "illegal evidence",but the reasoning is not sufficient.Article 106 of“ the Interpretation of the Civil Procedure Law” has two reasons for its poor operation in judicial practice.First,there is a vague zone of exclusion criteria for illegal evidence.The court has different understandings of the specific connotations of standards such as “serious” degree,“legal prohibition” and“public order and good customs”.There is a big difference in the legitimacy of some methods of forensics,resulting in the same In the circumstances,the court's practices are inconsistent;Second,the corresponding illegal evidence exclusion procedures are lacking.When the court hears cases involving illegal evidence exclusion,the procedures are not standardized and are not uniform.Although there are still many problems with the rule of exclusion of illegal evidence,we cannot deny the function and value of the rule in civil litigation.In order to achieve the illegal evidence exclusion rules to curb the collection of illegal evidence,safeguard human rights,and maintain the procedural fairness,Legislation should establish a set of operative illegal evidence exclusion standards to help judges grasp the specific content of Article 106 of the Interpretation of Civil Procedure Law;Improve the procedures for the exclusion of civil illegal evidence and improve the way of collecting evidence to protect the right of parties to obtain evidence.