The Research On Exclusionary Rules Of Illegally Formed

Article 106 of Interpretations of the Supreme People's Court on Application of the Civil Procedural Law of the People's Republic of China('Interpretations of CPL')provides illegally formed evidence besides illegally obtained evidence.Following such change,a totally new application of exclusionary rules of illegal evidence during the practice of civil procedural law: if a party is being coerced to sign a contract,the disputed contract shall be excluded for its illegitimate process on forming('Exclusionary Rules of Illegally Formed Evidence').Such development of judicial interpretations and application is essentially a temporarily improper mechanism aiming at the flawed revocation of contracts.As a result,exclusionary rules of illegally formed evidence shall be abandoned one day,and the revocation system beneath the new exclusionary rules shall be amended by the legislature.But before the aforementioned correction,the applying scope and judging standard of the exclusionary rules of illegally formed evidence are supposed to be handled strictly in the judical practice.By doing so,the influence and damage towards the whole legal system could be slashed.First is the limitation of the applying scope.To prevent the courts from avoiding scheduled period,the courts shall ensure that the exclusionary rules only play a role when scheduled period needs.Only in the situation of coercion,introducing the exclusionary rules into scheduled period is rational because the scheduled period has to be relieved by by weighing the illegality of coercing conduct against the subjective truth in which the society believes.Second is the definition of judging standard.It is necessary to introduce a new element while applying the traditional standard,that is,whether the coerced party accepts the contract signed under coercion.The judgement of such element shall refer to the revocation situations.In principle,the law shall view the forced party as accepting the contract as long as the scheduled period is passed.By doing so,the procedural law and substantive law would be coordinated.