对构建非法民事证据排除规则的思考

The Construction and Development of the Rule of the Illegal Civil Evidence Exclusion

非法民事证据排除规则作为保障民事诉讼程序正义的重要诉讼法律规则,业已为学术界所重视,但遗憾的是我国现有的民事诉讼法律制度于该规则之规定尚有很大缺陷。文章将通过对大陆法系及英美法系关于非法民事证据排除规则理论之比较及对我国非法民事证据排除规则的建构与发展两个方面对该规则进行分析论述并提出对我国非法民事证据排除规则立法的建议。

The rule of the illegal civil evidence exclusion is an important rule to protect the procedure justice, which has already been valued by the academic circles, but it is regretable that there are some blemishes in our civil procedure law. The author takes primary analysis and studies on the comparison of the rule in the common law and in the civil law, and on the construction and development of the rule of the illegal civil evidence exclusion.