Study On Exclusion Standard Of Illegal Evidence In Civil Procedure

In the field of criminal procedure,the concept of the exclusion of illegal evidence is introduced first.By contrast,the standard of the exclusion of illegal evidence in the civil procedure is established later.But this still reflects the progress of the rule of law concept and construction of the rule of law in our country and shows our legislation is beginning to pay attention to the importance of procedure and gradually reversing the wrong idea of "emphasizing substantial law rather than procedural law".It is also because of the late start,that the standard of the exclusion of illegal evidence in civil procedure is not mature,since its emergence has been controversial.In legislation,the theoretical circle generally thinks that the three standards for the exclusion of illegal evidence in the civil procedure are too simple and abstract,not strong in operation,and the provision is unreasonable.In judicial practice,the application of the exclusionary standard of illegal evidence in the civil procedure is not optimistic.A large number of cases reflect that in the current judicial practice,different judges apply different conditions to the exclusion criteria of illegal evidence,or judges apply the three criteria in confusion,or judges have a wrong understanding of the connotation of illegal evidence.As an important evidence system,the exclusion standard of illegal evidence may directly affect the final judgment result once it is applied,so it must arouse the absolute attention of lawmakers.According to the chaos existing in the current judicial practice,the author further summed up a series of problems existing in the exclusion standard of illegal evidence in the current civil procedure.While learning from the beneficial experience of foreign countries,the author fully explores the local resources and puts forward the legislative model of "general provisions + exception provisions +case guidance".In order to construct the standard system of exclusion of illegal evidence in civil procedure with Chinese characteristics which suit the situation of our country.