The Exclusionary Rules Of Illegal Evidence In Civil Procedure Law

To establish EROIE in the civil procedure has a lot of important legalvalue including safeguarding the civil rights and maintaining theconstitution authority, safeguarding the procedural justice and humanrights protection principle, protecting the procedural equality of bothparties, and improving the procedural benefit. However, Chinese civilprocedure law has not made explicit provisions for the exclusionary rulesof illegal evidence now. There is only one principle of “civil procedureshould follow the honesty-credit principle” added in2012Civil ProcedureLaw of the People’s Republic of China (hereinafter referred to CivilProcedural Law), which is a bit disappointing. There are mainly twoprovisions about the exclusionary rules of illegal evidence in Chinese lawnow: a Policy by Supreme People’s Court in1995(1995Policy) andSection68in the2001Several Regulations about the Civil ActionEvidence (Section68in Evidence Regulation). Whereas the provisions hasa lot of faultiness and lacks of operability, which causes some problems in practice. Therefore, to proceed with such problems, I put forward someideas about building the exclusionary rules of illegal evidence in China.This article is composed of for parts. The first part introducts thepractical conditions and problems of the EROIE in China. The second partis about the theoretical basis of he EROIE. The third part is about thehistorical development and the process of legislation of the EROIE. Thefourth part discusses the establishment of the EROIE in the Chinese CivilProcedure Law.