On The Exclusion Of Illegal Evidence In Civil Litigation

In civil litigation,the subject of evidence collection is mainly both parties.Compared with the subject of evidence collection relying on public power,their evidence collection ability is weak and it is difficult to obtain evidence.However,in order to obtain an advantageous position in the litigation and achieve the purpose of litigation,it is inevitable to collect evidence by violating legal procedures at that time.The balance between the two is the problem to be solved by the exclusion system of civil illegal evidence.Although China has moved the exclusion of illegal evidence into civil litigation,there are still great problems in terms of application.The first is the imperfection of legislation.In China,the exclusion of illegal evidence has not been written into the civil procedure law,but is only stipulated in the judicial interpretation,but the provisions in the judicial interpretation are only principled provisions,which only stipulates three exclusion situations of illegal evidence,that is,seriously infringing on the legitimate rights and interests of others The evidence obtained by violating the prohibitive provisions of the law or seriously violating public order and good customs is illegal evidence and should be excluded.However,there are no detailed provisions on the degree of the word "serious" in the provisions of the law,the meaning of the word "law" in the provisions of the law and the scope of public order and good customs.In addition,the generality of legislation leads to the judge’s inaccurate grasp of the provision in trial practice,different understanding of illegal evidence,poor interpretation and reasoning in the judgment,and even different judgments in similar cases,so that the exclusion system of illegal evidence can not be well implemented.Therefore,this paper starts from Starting with the basic theory of civil illegal evidence,this paper defines the scope of illegal evidence,discriminates the concepts related to it,then analyzes the legislative and practical status of China’s illegal evidence exclusion system,and puts forward suggestions and ideas to improve the system on the basis of mastering the development of illegal evidence exclusion in China.