论非法证据排除规则在民事诉讼中的适用——基于民事诉讼与刑事诉讼的比较

Illegal Obtained Evidence Applies to Civil Procedure——Accord to the Compare between Civil Procedure and Criminal Procedure

随着我国民事诉讼由职权主义向当事人主义的转变,人权保障、程序正义的理念逐步深入人心。非法证据排除规则成为人权保障和程序正义的应有之意。但是由于调整的社会关系不同,民事诉讼与刑事诉讼在诉讼理念、诉讼结构等方面存在很大差异。因此,非法证据排除规则在两大诉讼法中具有了不同的内涵。

The idea of guarantee of human rights and procedural justice is slowly filtering into people’s minds while civil procedure has changed from the inquisitorial system to adversary system. Exclusionary rule of illegally obtained evidence has become connotation of guarantee of human rights and procedural justice. However, civil procedure and criminal procedure are different in procedural idea and procedural structure, because they adjust to different social relation. Therefore, Exclusionary Rule of Illegally Obtained Evidence has different meanings in civil procedural law and criminal procedural law.