| Evidence is a sole means for fact finder to know the past things. It's difficult to differentiate the true evidence from the false ones because evidence is complicated. Then how to select the true, admissible, relate d evidence and send it to the judge's hands to get an impartial verdict? 桹nly by evaluating admission. Generally, the laws seldom stipulate from active aspect but from passive aspect of no evidence ability or restrict ability. The rules of 68 of "Provision on Evidence in Civil Action", which was promulgated by the Supreme People's Court of the PRC, embodies the same spirit. Based on grasping spirit of evidence's exclusion, author tries to set up a series of Civil Evidence's Exclusive Rules in order to lead to better thinking and study from senior and colleagues of academic circles.This dissertation, which contains about 38 thousand words, is divided into three parts.Part I: The Basic Intention of Civil Evidence's Exclusive Rules. It can be divided into three parts: basic concept of evidence, rules of evidence and exclusive rules of evidence, legal base of the evidence's exclusive rules and the standard of exclusion is admissibility and relevance. The present author thinks that it's necessary to give "evidence" a new intention and the rules of evidence are one part of evidence's exclusive rules, its broad sense is title of admissibility Based on a research on development of the evidence exclusive systems of countries of Anglo-American system of law and the Continental system of law, this dissertation discusses three legal base of the evidence exclusive principle:1. Discover the Truth of Case2. Enforce Protecting Human Rights3. Safeguard other Social BenefitsThe author put forward the relationship of relevance and admissibility. Putting forward of problem of evidence ability grasp the core of evidence exclusive systems, and change obscure and unclear situation of evidence which is merit of this dissertation. Based on which, this dissertation discusses the difference and the similarity of the evidence ability of countries of Anglo-American system of law and the Continental system of law andPart II: Applications Circumstances of Evidence Exclusive Rules in Foreign Countries. The difference of the procedure model of two legal systems leads to the difference of legislation stylistic rules and layout. The countries of Anglo-American system of law set up systematic exclusive principle. By comparison, the rules stipulated in the countries of Continental system of law are few. The dissertation stress inspect six application circumstances of two legal system:1. Illegal Evidence's Exclusive Rule2. Hearsay Rule3. Opinion Rule4. Best Evidence Rule5. Privilege Rule6. Character EvidenceIn summary, the core of evidence admissible and exclusive rules procedure of Anglo-American system of law is that the agent having right of raising objection and the judge bringing in their verdict to decide whether or not to accept as evidence. But in the countries of Continental system of law, direct trial doctrine and words debate principle are important evidence's exclusive rules.Part III: Establish of China's Evidence's Exclusive Rules. This part analysis our country's legal present conditions. Because long-term serious fetter of authority doctrine trail model, ourcountry's legal hasn't systematic and standard exclusive rules, but the rules' spirit still embodies in some legislation and judicial explain and establish Best Evidence Rule and Illegal evidence's exclusive rules. Also there are problems in theory, for example, classification of evidence ability ; the standard of excluding evidence etc. Continued, author point explicitly: jury system is the base of evidence's exclusive rules producing but not the necessary term of developing. Withering of jury system in the countries of Anglo-American system of law doesn't mean arriving of last time of evidence's exclusive rules. At last, it is suggested that the following rules be established:1. The rule of exclusion of clearly... |
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