非法证据排除规则首先为刑事诉讼法所确立,在刑事诉讼领域已经受到了足够的重视,各种学说已趋于成熟,立法和司法中已形成了诸多规则,而在民事领域,虽然我国在民事诉讼中基本上确立了此规则,但是无论对非法证据内涵外延的界定,还是适用中应把握的原则、具体程序设置等都存在模糊不清和不尽合理 The rule of exclusion of illegal evidence is first established by the Criminal Procedure Law, has been given enough attention in the field of criminal procedure, various theories have become mature, and many rules have been formed in the legislation and the judiciary. In the civil field, The lawsuit basically established this rule, however, no matter the definition of illegal evidence connotation extension, the principle of practical application, the specific procedure setting, etc., there are ambiguities and unreasonable