The Probe Of Excuding Regwlations Of Illegal Evidence In The Cuvil Lawsuit

In the excluding regulations of illegal evidence in. the civil lawsuit, the illegal evidence should be excluded. However, tile illegal evidence does not equal to the unlawful evidence. A behavior can be accounted as illegal only when legal foundation cant be found and it goes directly against the unambiguously compelling or forbidding regulations. As a result, the evidence materials thereby produced can be regarded as illegal evidence . Therefore, the definition of the illegal evidence is quite critical. "Severely encroaching other people's legal rights and interests" and "Severely breaking'the forbidding regulations of the law" are the substantial standards of illegal evidence excluding. In order to achieve such standards, the mechanism of profit scaling is introduced. In applying the excluding regulations of the illegal evidence, the weak capacity of collecting the evidence of the agent concerned should be taken into sufficient consideration and tile application of this regulation should be severely restricted. When the law can't righteously protect the rights of collecting, transferring and obtaining of the agent concerned, the scale of the illegal evidence should be reduced. In the specific manipulation, the evidence collecting capacity can be divided from the illegal evidence collecting. In this case, the illegal evidence collected which can testify the case's real situation can be conditionally used, though the behavior of illegal evidence collecting should be punished。That is, adopting such evidences, the illegal evidence collecting behavior should be punished. In an addition, in order to exert the function of the excluding regulations of the illegal evidence in the civil lawsuit, the application of the illegal evidence excluding of the agent concerned should be designed to be prior to the civil procedure of the first instance. Furthermore, the judicatory relief should be sufficiently given to the agent concerned and he has the opportunity to appeal his case in a court of the higher level when he refuses to accept the adjudication which the court gives according to the illegal evidence excluding。...