On The Exclusionary Rule Of Illegal Evidence In Civil Litigation

The illegal evidence in our county civil litigation mainly refers to injure other's lawful right and interests or violate any prohibitive provisions of the law.The main purpose of establishing the exclusionary rule of illegal evidence in civil litigation is to protect other's legal rights and interests and maintain the dignity of the law through denying the credibility of the illegal evidence. Although our law has ruled illegally obtained evidence should be prohibited,the provisions of illegally obtained evidence in civil litigation are not enough and perfect. Therefore,according to the reality of our country,this thesis analyses the exclusionary rule of illegal evidence in civil litigation systematically and thoroughly,and puts forward some suggestions to perfect our exclusionary rule of illegal evidence in civil litigation,hoped to be beneficial to the improvement of our civil judicial system.This thesis on the structure is divided into four parts.The first part begins with the analysis of basic overview about the exclusionary rule of illegal evidence in civil litigation. It analyses the concept of illegal evidence in civil litigation and the development of our country exclusionary rule of civil litigation illegal evidence.In addition,it compares with two big legal system on illegal evidence elimination rule.The second part begins with the theoretical basis of exclusionary rules of civil illegal evidence.Through the value analysis to the illegal evidence elimination,it is clear about this rule suitable necessity. The third part points out the defects of exclusionary rule of civil illegal evidence.The fourth part puts forward the concrete suggestions to perfect our exclusionary rule of illegal evidence in civil litigation,such as making clear the substantial standards of civil illegal evidence elimination and improving the security measure of the other's evidence collecting,etc.Meanwhile,based on criterion of value of civil substantive law and civil litigation system,we should adopt the methodology of interests balancing to decide whether to exclude the evidence in judicial practice.