Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law

The Probe of Excuding Regwlations of Illegal Evidence in the Cuvil Lawsuit

Author HeWangChuan
Tutor HeWenYan
School Xiangtan University
Course Legal
Keywords Civil action Illegal evidence Exclusion rules Interest Measurement
CLC D925.1
Type Master's thesis
Year 2006
Downloads 129
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Civil action illegal evidence exclusion rules , shall be subject to exclude illegally obtained evidence illegally obtained evidence does not mean that is not legitimate evidence only when a behavior , not just because it can not find a legal basis , but also is a direct and clear mandatory or prohibitive provisions in conflict , can only be regarded as illegal , the evidence resulting material was only referred to as illegal evidence , therefore , very important positioning of illegal evidence . \Illegal evidence exclusion rules applicable to fully consider the parties to gather evidence is not strong and the legal reality of inadequate protection of the rights of the parties to gather , collect or obtain evidence , should narrow the scope of the illegal evidence , and strictly limit the application of the rules . Specific operation can be evidence of ability and illegal forensics separation allow conditional use illegally collected can prove that the evidence of the real situation of the case , but illegal acts to collect evidence to bear responsibility or sanctions , and that the adoption of the evidence that sanctions the illegal the forensics behavior . In addition , in order to play a civil action illegal evidence exclusion rules , the design of the program you want the parties to exclude the application of the illegal evidence on before the start of the procedure of first instance , to give the judicial remedies of the parties , to allow the parties to Court ruled that refuses to accept the ruling made ??by the illegal evidence , to have access to a higher court the opportunity to apply for objection .

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