论民事诉讼非法证据排除规则

On exclusionary rule of illegally obtained evidence in civil procedure

非法证据是否具有证明能力,能否作为定案的依据,是民事诉讼中较为复杂的问题之一,其复杂性集中体现在实体公正与人权保障、程序正当的价值冲突上。虽然我国法律上有禁止非法获取证据的规定,但排除民事诉讼非法证据的规定还不完善,因此,结合我国实际情况,探讨如何完善民事诉讼非法证据排除规则这一问题十分必要。

Whether illegally obtained evidence has the ability to prove,and whether it can be used to judge the case is one of the most complicated problems in civil procedure.The complicated point is the value conflict among entity justice,the-protection of civil rights and procedure justice.Although our law has ruled illegally obtained evidence should be prohibited ,the provisions on civil procedure illegally obtained evidence are not enough and perfect. Therefore,according to the reality of our country,this thesis is discussed on how to perfect exclusionary rule of illegally obtained evidence in the civil procedure.