Restatement of the Justification for Limiting the Exclusion of Illegal Evidence in Divorce Proceedings
In the issue of illegal evidence exclusion in divorce litigation,the complexity of the weighing of legal interests goes far beyond the spousal rights and the right to privacy,involving the possibility of realizing the right of the party who has difficulties in obtaining evidence to request legal protection,as well as the freedom of divorce,the right to property,the right to custody of the children and other legal interests.This complex measurement of legal interests has not received sufficient attention and typological research,and has not been linked to the right to legal protection.Evidence used to prove the existence of spousal infidelity,domestic violence and other fault evidence often occur in the most private place,and the constitutional protection of"secret communication"does not allow the court to access the content of civil litigants'communications and chatting records,so it is difficult to apply to the court for investigation and evidence collection,evidence preservation to obtain evidence with strong probative power.Unlike the exclusion of illegal criminal evidence,the restriction on the exclusion of illegal evidence in civil litigation does not detract from the fact-discovery function of the litigation and the remedies of the injured party,and the injured party who has been subjected to unlawful evidence can still obtain remedies by way of filing a tort lawsuit.
illegal evidence exclusiondivorce litigationlegal protection claimcommunication secretright of appeal
万方数据
维普
