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Research on Illegal Evidence Exclusion Rule in Civil Action

Author: GeCaiYun
Tutor: KeYangYou
School: Hebei University
Course: Procedural Law
Keywords: Civil action Illegal evidence Illegal evidence exclusion rules Procedural fairness
CLC: D925.13
Type: Master's thesis
Year: 2008
Downloads: 74
Quote: 0
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Abstract


Illegal evidence the concept first appeared in the field of criminal proceedings, as defined by the illegal evidence is material of evidence obtained in violation of the legal norms, and its value in use have questions about the scope of the concept of evidence. Exclude illegally obtained evidence is evidence of the legality of the inevitable logical result. Illegal evidence exclusion rules originated in the United States, the Miranda warning marks the illegal evidence exclusion rules fully established in the United States. Criminal illegal evidence exclusion the rules police forensics behavior is a limitation on government behavior, in order to protect the basic human rights, the protection of innocent people will not be wrong investigated. Recent years, damaged by the acts of the other party the basic constitutional rights of the parties to gather evidence in civil proceedings continue to occur, and therefore illegal evidence exclusion rules applies also aroused extensive attention from scholars in the field of civil litigation. National civil action, the illegal evidence exclusion rules have not formed generally unified theory, the attitude of the countries of illegal evidence exclusion rules are not consistent. Common law countries established strict rules of admissibility of evidence, many of the illegal evidence admissible rules be excluded. The attitude of the civil law countries treat illegal evidence in civil proceedings a more unified, common practice some discretion conferred on judges. Civil law countries the law is not evidence of the ability to restrict, and to participate in the trial by jury, rather than a jury, judge survey evidence, mainly on the strength of the evidence to make free judgment, so whether the judge discretion to exclude illegal evidence. Civil action illegal evidence exclusion rules fully reflect the traditional legal system in the various value targets, between the interests of conflict and confrontation, especially substantive justice and procedural fairness conflict, illegal evidence exclusion rules should be established in a variety of value conflict The balance point on. China should procedural justice, protect the legitimate rights and interests of citizens, the effectiveness of the principle of the target as the value of the illegal evidence exclusion rules in Civil Action. Of judicial interpretation of the Civil Evidence \But the drawback is that the standard is too abstract, operability is not strong. This article explores the construct of Civil Procedure illegal evidence exclusion rules, including the standards established the principle of trade-offs as illegal evidence exclusion rules explicitly illegal evidence exclusion scope of the rule, set specific operating procedures and improve safeguards.

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