On The Entrapped Evidence Collection In Civil Procedure

At present，the existing legislation and Judicial interpretation of china have not establisheddefinite and categoric regulations for the concept of the entrapped evidence. In the theoreticalfield, Since its birth, has been questioned by many scholars.With the acceleration of thedemocratic nomocracy construction.this mean of collecting evidences has became a complexproblem In the judicial practice. Against this backdrop，the author thinks，discussing andexpounding this problem has not only profound academic significance, but also positivepractical significance. This paper is on the basis of analyzing a typical case，researching theapplication of law and the legal effect of the entrapped evidence，and then try to makeproposals for the system design for the entrapped evidence.The thesis includes six chapters：In the fist chapter，the author introduces the origin of questions of the entrapped evidence.The question was fist described in a case of computer software infringement between twocompanies. Through introducing the case and summarizing the issue,the author want toprepare for making an in-depth analysis of the entrapped evidence in the followingparagraphs.In the second chapter, the author analyzes types and admissibility of the entrapped evidence.After going through some related reference material. The author found that most scholarsincline to reference the classification of Circumvention Instigation in the field of criminalprocedure, and conclude the concept and legal effect of different types of entrapped evidence.The author thinks, classing and concluding legal effect of it in existing law framework do notmake much sense. The author will analyze inherent value conflict and the ambit of admissibleentrapped evidence, approach to provide a standard for identification of the entrappedevidence.In the third chapter, the author analyzes the rationality and validity of entrapped evidence.The difficulties in evidence collection faced by litigant in civil action are expoundedsystematically. Through the analysis of the characteristics of intellectual property rightsobjects to find out the cause of obtain evidence difficult problem in the field of intellectualproperty rights. And then explore the theoretic and practical implications of entrappedevidence in civil action. In the fourth chapter, The author discusses the relationship between illegal evidenceexclusion rules and entrapped evidence. First discusses the legislation present conditions ofillegal evidence exclusion rules of Civil Procedure. And depend on The author discussedabove about entrapped evidence. After going through related reference material about foreignillegal evidence exclusion rules of Civil Procedure. The author submits the suggestions toperfect our national illegal evidence exclusion rules of Civil Procedure.In the fifth chapter, the author submits the specific suggestions to perfect the system of civilentrapped evidence collection, thereby tackling the legal position of this kind of evidence.In the lase chapter, the author summarizes the article and reemphasizes the necessity of theapplication of entrapped evidence in China.