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Research on the Exclusive Rules of Illegal Evidence in Civil Procedure

Author: WanHongPing
Tutor: LiZuJun
School: Southwest University of Political Science
Course: Procedural Law
Keywords: Civil Procedure Illegal Evidence Exclusionary Rules
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 231
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Abstract


Exclusive rules of illegal evidence in civil action are that the parties and their legal representatives on the use of evidence obtained by illegal means shall not be used in civil proceedings in the court rules. In February 1995, the Supreme Court’s "approval" initially established this rule, in December 2001, "Evidence Civil Procedure provides that" Article 68 stipulates that "in order to infringe legal rights of others or violate the provisions of the law prohibiting sexual achieved by the method evidence, can not serve as the basis of facts of the case found, "objectively speaking," provides that "the introduction of judicial practice, in large part to meet the needs of protecting the legitimate rights and interests of the parties. However, "provides that" the problems will not be ignored. Therefore, how to improve the rules of civil procedure to exclude illegally obtained evidence, it becomes an important task of legal theory researchers.Unfortunately, so far the theory of China’s civil sector, are not the problem of illegal evidence exclusion for systematic study. China’s legal theory circles of illegal evidence exclusion rules of civil procedure study, mostly standing on the Court’s point of view to study and discuss, while the civil action is essentially a private right of action the parties act, therefore, this article tries to point to the parties Discussion of illegal evidence exclusion rule, the parties agreed to study the effectiveness of illegal evidence. And Anglo-American legal system is different is that our main evidence includes not only the parties, but also evidence the court acts. As a result, it is necessary to regulate the court evidence of ability to act evidence, this article will be divided into the effectiveness of the court acts evidence to discuss the two cases, according to terms of evidence and in accordance with the parties take the initiative to apply for evidence of the legality of evidence assumed to be the main difference, by an exploration of this article. Therefore, this article attempts to view the courts and parties perspective on China’s rule of excluding illegally obtained evidence in civil proceedings commenced to explore.The precise definition of the concept of illegal evidence will help us grasp the whole civil illegal evidence, so the concept of illegal evidence exclusion rules to explore the contents of the first part of this article; civil illegal evidence exclusion rules exist to protect human rights, the promotion of procedural fairness and added value of the Constitution, the value of the illegal evidence exclusion issue is discussed in the second part of the contents of this article; due to civil rule of excluding illegally obtained evidence originated in the United States criminal proceedings, therefore, illegal evidence exclusion rules of Comparative Law is also essential to the illegal evidence exclusion rules of Comparative Law and China’s localization, as the third part of the contents of this article.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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