| Evidence itself is a kind of fact,which can be used to prove the true situation of the case.The parties can also prove their own claims through evidence.At the same time,the judge can also use evidence as the basis of his judgment on the premise of taking the law as the standard.The case that has already happened cannot be reproduced in the court in any case,so the evidence plays a crucial role in restoring the case itself.Although the evidence related to the case can play the role of restoring the truth of the case,the appearance of illegal evidence will not only damage the legitimate interests of the parties,but also destroy the procedural justice,and then damage the dignity of the law.The exclusion of illegal evidence first appeared in criminal proceedings,and the exclusion of illegal evidence in criminal proceedings is becoming perfect.On the other hand,in China’s civil proceedings,although the "Provisions on Civil evidence" and "Interpretation of civil Litigation Law" two laws have made provisions on the exclusion of illegal evidence in civil proceedings,but there are still great defects.At present,there are many problems in the exclusion of illegal evidence in civil procedure in Our country,such as the exclusion standard is too general,the lack of clear relevant legislation,and the defects in the start procedure.It is because of these problems that the trap evidence collection,reward evidence collection,private detective evidence collection and other judicial chaos emerge one after another.The author from the perspective of legislation and judicature,based on the theory of civil procedure illegal evidence exclusion,combining our country’s basic national conditions,reference outside the judicial experience,for our country’s civil lawsuit illegal evidence exclusion rules of perfecting their advice,make our country’s civil lawsuit illegal evidence exclusion rule can have a better development. |
