On the Exclusionary Rule of Illegal Evidence in Civil Litigation from the Perspective of Classification Theory of Legal Norms
The exclusionary rule of illegal evidence in civil litigation only applies to behaviors of illegally collecting evidence independently conducted by a party after the establishment of the case facts.Unlike the theoretical research and system establishment of excluding the illegal evidence of infringing rights and interests,which have basically reached a consensus,the issue of admissibility of illegal evidence of infringing order which is obtained by breaking management-related norms of prohibiting certain behaviors still awaits further research.If the State has fully guaranteed that a party may collect relevant evidences by means not breaking management-related norms of prohibiting certain behaviors,thus the legislative mode of absolute exclusion shall be adopted to exclude such illegal evidence of infringing order.If the State cannot guarantee or has not fully guaranteed that a party may collect relevant evidences by means not breaking management-related norms of prohibiting certain behaviors,thus the legislative mode of relative exclusion shall be adopted regarding the illegal evidence of infringing order,that is,a decision of whether to exclude relevant evidence should be made on basis of measure00ment between"interest of potential proof'and"interest of curbing"
Norms of Prohibiting Certain BehaviorsInterest of ProofInterest of CurbingAdmissibility of EvidenceEvidence Obtained through Circumventing Internet Restrictions
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