The Application Problems And Countermeasures Of The Rule Of Exclusion Of Civil Illegal Evidence

The Supreme People’s Court issued three documents on the exclusionary rule of civil illegal evidence in 1995,2001 and 2015,respectively.The overall trend is from strict to lenient.However,the judicial interpretation is too abstract,resulting in many problems,which is easy to cause disputes.In this paper,116 cases were analyzed statistically.By studying the judgment documents,the practice and application of the exclusionary rule of civil unlawful evidence were explored,so as to give suggestions on the improvement of the exclusionary rule of civil unlawful evidence.The first part is the current situation of the application of exclusionary rule of civil illegal evidence.Firstly,it explains the methods and limitations of case retrieval.Secondly,it carries out the practice status quo from the aspects of region,court level,trial procedure,cause of case,type of evidence,etc.Finally,the typical cases are deeply analyzed.The second part include the application of the rule and the analysis of the causes.On the one hand,it summarizes three problems: judgments in the same case,lack of standard reasoning in judgment documents and low application rate of exclusion rules of civil illegal evidence.On the other hand,through the in-depth analysis of the judgment documents,the causes of the problems in practice are summarized.First,the ambiguity of Article 106 of the Interpretation of Civil Procedure Law;Second,in practice,the judicial documents have the tendency of pragmatism,and the interpretation of judicial documents lacks clear guidance.Third,it is hard for the parties to get the evidence,and the supporting procedures of the rule are absent,and China attaches importance to the entity rather than the procedure.The third part is the consummation path of the rule.This paper makes a detailed discussion from three aspects,namely,refining the judgment standard of illegal evidence,strengthening the reasoning of interpretation of judgment documents,and perfecting the supporting measures of the exclusion rules of illegal evidence.