Research On The Civil Exclusionary Rule Of Illegal Evidence

The exclusionary rule of illegally obtained evidence originated from the United States in the field of criminal proceedings, in order to limit the power of police officers and guarantee the basic rights of citizens. With the deepening of the concept of human rights and the rule of law in ideas development, understanding of the value of civil procedure, the exclusionary rule of illegally obtained evidence gradually extended to the area of civil litigation. In our civil procedure, after twenty years of development theory and judicial practice, the exclusionary rule of i llegally obtained evidence have also published a number of lega l documents, those programs played an important role for the promotion of justice and guide people at all levels of the trial judge related cases. From the exclusionary rule of illegally obtained evidence of basic theory, combining different periods of the Supreme Court for illegal evidence exclusion rule, interspersed with the relevant provisions of the State for the two legal systems, the collection of people’s courts at all levels involved in illegal evidence in judicial practice exclusionary rule cases of illegal evidence summary judgment standard in each period to reflect the criteria of procedural fairness growing understanding adjustment, civil litigation procedural fairness and substantive justice. In addition to the introduction, conclusion and acknowledgments, this paper is divided into four parts:The first part is the basic problem of Civil Procedure of the exclusionary rule of illegally obtained evidence. Our country academia refer to t he two important concepts that evidence proof ability and probative force in the continental law system. Probative force is the ability of evidence with the case facts, Evidence proof ability is that evidence to enter the qualification of the court.it is mainly refers to the legitimacy of the evidence. Legality of evidence of illegal evidence leads to the concept of illegal evidence exclusion rule connotation,Then dig the eliminating rules of civil illegal evidence in lawsuits deep theoretical basis, value embodies the illegal evidence elimination rule and value of civil litigation procedure justice.The second part is the Chinese Civil Lawsuit the exclusionary rule of illegally obtained evidence at different times of the law of logic comb, explore Civil Procedure illegal the exclusionary rule of illegally obtained evidence changes impact their representatives of pro cedural justice., At the beginning of the exclusionary rule of illegally in our country, Which aims to put procedural justice and substantive justice equal status. Then the supreme people’s court without the consent of the other party as illegal recordings recorded evidence, procedural justice is overdoing style emphasized. After the court judicial practice by the problems reflect on the relationship between procedural justice and substantive justice was rational adjustment. Court set the standard for others to violate the legal rights and interests and violation of the law prohibiting norms as judged by the illegal evidence exclusion. And after nearly 10 years of judicial practice, the illegal evidence exclusion rules stipulated in the new judicial interpretation, more strict rules on the threshold of the illegal evidence, make the procedural justice and entity true to further balance.The third part of the article analyzes the judicial practice of the Court for the exclusionary rule of illegally obtained evidence in the case. In the perspective of Legal positivism, the paper collect civil judgments in cases of the use of the exclusionary rule of illegally obtained evidence, be typed summary. With the introduction of judicial interpretation of the Supreme People’s Court each to deepen understanding of the reasons for procedural justice, the study case of ad litem judges exclusionary criteria, reflecting the judge hearing the case in the exclusionary rule applicable to procedural fairness of thinking, and strive to the decision to give the parties agree.The fourth part analyzes the civil illegal evidence exclusion of three standards, the evidence obtained these three cases can’t finalized as the ba sis. The first standard is seriously infringes on the lawful rights and interests of the collection of evidence. The second standard is illegal prohibitive rules collection of evidence law. The third criterion is disgraceful consideration seriously violated collection of evidence. This part also analyzes the judge to seriously infringes on the lawful r ights and interests and di sgraceful consideration seriously violated as the judgment standard of illegal evidence in the dilemmas facing civil judicial practice, reflects the judge in the use of illegal evidence exclusion rules for procedural justice and substantive justice.