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An Analysis Of The Rule Of Exclusion Of Illegal Evidence In Civil Litigation

Posted on:2022-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:C YeFull Text:PDF
GTID:2516306614962739Subject:Litigation Law and Judiciary
Abstract/Summary:PDF Full Text Request
The modern concept of the rule of law pays more and more attention to the protection of human rights.Under this background,the scope of application of the rule of exclusion of illegal evidence is no longer limited to the field of criminal litigation,but gradually spreads to civil litigation activities,and my country is no exception.This rule involves the question of how to choose and balance the pursuit of substantive truth and procedural justice,so it is an extremely complicated rule.There were various problems in the application of the rules,and the application of the rules could not be brought into full play.The article explores the connotation of the rule of exclusion of civil illegal evidence in theory,clarifies the value of the rule,expounds the legislative evolution of the rule in our country,analyzes the problems existing in the application of the rule of exclusion of civil illegal evidence in practice,and compares how to apply it in extraterritorial civil judicial practice.Illegal evidence exclusion system rules,summed up the experience for our country to learn from,and put forward suggestions in terms of substantive norms,procedural norms and related supporting systems.
Keywords/Search Tags:illegal evidence, procedural justice, value measurement
PDF Full Text Request
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