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Exclusionary Rule of Civil

Author: YouXiaoDan
Tutor: YinWeiMin
School: Dalian Maritime University
Course: Law
Keywords: Civil illegal evidence Criteria Serious violations Trade-offs
CLC: D925.13
Type: Master's thesis
Year: 2010
Downloads: 278
Quote: 0
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Abstract


Establish civil exclusionary rule's main purpose is to evidence illegally by denying the ability to effectively curb illegal evidence in civil actions, protect the legitimate rights and interests. Because the exclusionary rule reflects evidence of illegal acts completely negative, although inevitably result in case of loss of objective truth, but to establish the protection of the rights, the concept of due process, as well as procedures to achieve as much as possible to achieve both fair and lawful, and consistent with the objective case the ideal state of the real action to provide a guarantee. In view of this, the paper civil exclusionary rule for a more systematic, comprehensive analysis, and pointed out that a comprehensive civil exclusionary rule of specific recommendations to be able to our civil justice system reform and improvement benefit. Besides the introduction and conclusion, the paper is divided into five parts: The first part is a civil exclusionary rule's basic problems. First analyzes the civil exclusionary rule basic connotation, including: \analysis clearly points out it has the protection of basic human rights, justice and the maintenance of the program reflects the interests of society as a whole of great value. The second part is a civil exclusionary rule theoretical basis. In this part is mainly from the procedural justice theory and the theory of trade-offs start, to establish a civil exclusionary rule provides a comprehensive and solid theoretical support. In the interests of the measure in which the theoretical part, discusses substantive justice and procedural fairness, impartiality and efficiency, objective truth and legal truth value of these three pairs of litigation conflict and trade-offs. The third part is a civil exclusionary rule of Legislation. This section is mainly through the common law and civil law criteria in illegal evidence, the legal consequences of illegal evidence, establish rules on the form of these three key issues to make comparisons and makes comments, and then summed up from valuable practical experience in the legislative and judicial for our reference. The fourth part is the exclusionary rule our civil legislation and practice. This section on our civil exclusionary rule's legislative situation on the basis of a detailed analysis, explicitly pointed out China's current civil exclusionary rule drawbacks: First, illegal evidence criterion is inadequate. Second, the procedural safeguards system is flawed. The fifth part is our civil exclusionary rule perfect. In the above investigation and analysis, based on the analysis of the first established in China civil exclusionary rule practical significance, and then targeted for Civil exclusionary rule perfect rationalization proposals put forward: first, by determining the substantive criteria requiring exceptional circumstances to grant judges discretion to determine the standards for evidence of illicit perfect. Second, the establishment of a matching system of procedural safeguards, namely to further improve safeguards for the parties to gather evidence and establish civil exclusionary rule applicable to the relevant procedures.

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