Font Size: a A A

On The Exclusion Of Illegal Evidence In Civil Proceedings

Posted on:2022-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:W L LiuFull Text:PDF
GTID:2516306323452754Subject:Law
Abstract/Summary:PDF Full Text Request
In litigation activities,a fair judgment of a case should be based on the facts of the case and legal norms as the criterion.The facts of a case are extremely difficult to restore.Therefore,in court trials,"evidence" is usually used to support the occurrence of the facts of the case and whether the evidence can be adopted is directly related to whether the facts of the case can be effectively restored.Although the evidence obtained through illegal means can reveal the truth of the case,it often brings a series of legal consequences.Establishing rules for the exclusion of civil illegal evidence and improving related supporting facilities are the key to optimizing basic human rights protection in our country and resolving the reality and confusion of the value conflict between substantive justice and procedural justice.However,in fact,due to the vague identification standards of illegal evidence in civil litigation in our country,the relevant laws and regulations are not sound and unmatched,so that the problem becomes prominent when applying the rules of exclusion of illegal evidence in civil proceedings.Starting from multiple perspectives of entities and procedures,this article examines the basic theories of the rules for exclusion of illegal evidence in civil law,based on my country's basic national conditions,combined with advanced experience outside the territory,and combs out the path to perfect the rules for exclusion of illegal evidence in civil litigation in my country,and provides for the exclusion of illegal evidence in civil lawsuits in my country.The establishment of rules provides technical support.
Keywords/Search Tags:Illegal Evidence, Substantive Justice, Procedural Justice
PDF Full Text Request
Related items