论文部分内容阅读
与刑事诉讼相同,民事诉讼中亦存在非法证据排除规则。通过对国外民事诉讼非法证据立法的考察,可以看出国外对民事诉讼中非法证据一般采取比较宽容的态度。我国现行的民事诉讼非法证据排除规则虽然已经通过司法解释得以确立,但是该规则还存在一系列的问题。本文指出为了完善我国民事诉讼中的非法证据排除规则,应当提高非法证据排除规则的立法层次,对非法证据采取更为宽容的态度,增加相关规定的可操作性。
As with criminal proceedings, there are also rules of exclusion of illegal evidence in civil proceedings. Through the investigation of the legislation of illegal evidence in foreign civil litigation, we can see that foreign countries generally adopt a more tolerant attitude toward the illegal evidence in civil litigation. Although the current rules of exclusion of illegal evidence in civil litigation have been established through judicial interpretation, there are still a series of problems in the rule. This paper points out that in order to perfect the rule of exclusion of illegal evidence in civil lawsuits in our country, it is necessary to raise the legislative level of rule of exclusion of illegal evidence, adopt a more tolerant attitude toward illegal evidence and increase the operability of the relevant provisions.