关于我国民事诉讼非法证据排除规则问题的研究法律专业论文.docxVIP

Abs Abstract PAGE PAGE IV Abstract In the society of rule by law construction, the exclusionary rule of illegally obtained evidence has important significance.The earliest evidence of illegal exclusionary rule originated in the United States in the field of criminal procedure, now illegal evidence elimination rule not only has been established and developed in many countries, and gradually developed into the field of civil procedure.Now, the exclusionary rule of illegally obtained evidence in our civil litigation field is only the preliminary stage of development, the theory is not mature.This paper will be discussed from the following four aspects, in order to research on the problem of illegal evidence exclusion rules of civil procedure law in China. First, this paper introduces the basic theory of the exclusionary rule of illegal evidence in civil litigation.Mainly introduces the related concepts of the exclusion of illegal evidence, namely the concept of the concept of evidence, illegal evidence and the concept of the exclusionary rule of illegal evidence.The illegal evidence in the concept of illegal evidence, illegal evidence in narrow sense, this paper uses, the subject of obtaining evidence illegally obtained evidence.This paper also introduces the theoretical basis of civil action to establish the exclusionary rules of illegal evidence, rule established in civil litigation to provide theoretical support for the exclusion of illegal evidence. Second, the relevant provisions of the investigation of Anglo-American law system and continental law system of civil illegal evidence exclusion rule was studied by comparative analysis, draw the following conclusion: most countries according to the principle of balancing of interests in specific cases by the judge to the exclusion of the illegal evidence of discretion; some countries will serious illegal as judgment standard elimination of illegal evidence.Through the study of the illegal evidence exclusion rules of