Research On The Exclusionary Rule Of Illegal Evidence In Civil Litigation In China

The illegal evidence exclusion in China's civil procedure law was in its embryonic form in early 1996.In 2016,the exclusion standard was updated again in the judicial interpretation.From the change of the rule of the exclusion standard that was changed successively,it experienced from strict exclusion to relatively tolerant exclusion standard.The evidence which needs to apply the rule of exclusionary rule of illegal evidence is often of great help to the assay of the facts of the case,but the flaw in the way of obtaining leads to its smooth application in the lawsuit.Illegal evidence not only involves conflicts between private interests,but also challenges the balance between substantive justice and procedural justice from a macro perspective.Therefore,it is of positive significance to properly handle the use of illegal evidence in litigation.Civil illegal evidence exclusion since 1996,although had ruled out three changes to the standard,through the heated discussion of scholars,but the illegal evidence exclusion standard is still in a relatively fuzzy state,the connotation of the Chinese legal term is unknown and its involved the judge discretion to exclude some make the illegal evidence exclusion standard presents relatively general unknown embarrassing situation,and about after the launch of the illegal evidence exclusion in lawsuit related program problem how to develop are also relatively no definite regulation,the above problems,led to the rules of judicial practice to realize efficient and accurate guidance,Therefore,there is a realistic need and space for further improvement of the civil exclusionary rule of illegal evidence.The scientific and effective legislation and operation of the exclusionary rule of illegal evidence should be realized by establishing the guiding principle of the exclusionary rule of illegal evidence,clarifying the exclusionary standard,learning from the beneficial exclusionary rule of foreign countries and setting reasonable procedural provisions of the exclusionary rule.This paper will study the exclusionary rule of illegal evidence in China's civil litigation from both theoretical and practical aspects,mainly including the following five parts:The first part: civil procedure illegal evidence exclusion overview.This paper clarifies the connotation of illegal evidence discussed in this paper,and differentiates it from the confused concept of "legitimacy",one of the attributes of evidence,so as to analyze the value andpractical significance of implementing the rule of excluding illegal evidence in the field of civil litigation.The second part: the changes of the illegal evidence exclusion standard of the civil procedure law in our country and by eliminating rules of civil illegal evidence in the case of statistics application situation in judicial practice,there are mainly the parties to apply to the exclusion of illegal evidence reason statistics and court have objections to the parties of the illegal evidence in response,in addition the elected representatives of individual case to do concrete analysis.The third part: analyze the deficiencies of China's existing illegal evidence exclusion rules,including imperfect evidence collection system,unclear definition of exclusion criteria such as "serious","legitimate rights and interests","prohibitive provisions of law",and lack of exceptions.In addition,the operation procedure of illegal evidence exclusion rule is also absent in practice,which makes it difficult for judges and litigants to apply it in litigation.The fourth part: through the analysis and research of civil illegal evidence exclusion rules outside the country in order to find useful inspiration for our study.The fifth part: put forward the idea of perfecting our country's civil lawsuit illegal evidence elimination rule,perfect the construct of and problems existing in the corresponding localization and outside beneficial experience so as to adapt to the actual situation of our country,mainly through the system of perfect,explicitly exclude standards,added to run the program and individual,the respect such as the judge.