Civil Action Illegal Exclusionary Rule

The illegal evidence formatted and developed in the criminal proceedings in the first. with the development of the society ,Particularly entered into the industrial society ,the act of the civil litigants collection of evidence often injured the basic human rights even the public interest, so we must prevent the action. This is the direct reason to establish the exclusive rule of illegal evidence in civil proceedings. The illegal evidence in civil procedure in our country mainly means that the evidence lost the credibility and can not be used to determine a case because the method of collection of evidence injured others' just right or the rule forbidden by law .According the regulation of exclusive rule of illegal evidence by the Supreme Court of the PPC , the exclusive rule of illegal evidence is the strict absolutely exclusive model, the model break the way of our countries' judicial practice , and is too strict ,so it is not benefit the civil proceedings. So with the Objective of illegal evidence in civil procedure ,and the experience of the foreign. Our country should establish the model of the legal exclusion and the right of discretion. If the act Obvious compose in the establishment of a specific crime , injured the public interest, and injured the right of the uncertain society member the credibility should be denied. The judge's right of discretion also should be based on some assise. Including the use of the evidence to t he case , the civil right of the case ,the department of the illegal act, the subjective fault civil litigants , the method of collection the evidences come from the law is full or not ,etc.