중국 민사소송의 위법증거배제규칙에 대한 고찰

China implemented the “Provisions by the Supreme People’s Court on Evidence in Civil Procedures” in 2001 and established relevant rules in the civil litigation procedure to exclude evidence obtained by illegal law, and in 2015, it implemented the “Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China”, further supplementing the above rules. According to the current rules, the criteria for excluding evidence obtained by illegal law include violation of the law prohibitions, serious infringement upon the lawful rights and interests of others, and serious breach of public order and good custom. While the above illegal evidence exclusion rule has a positive effect of eliminating the act of obtaining evidence illegally in a civil lawsuit and balancing substantive fairness and procedural fairness to protect the lawful rights and interests of the parties, while also increasing the trial efficiency of the court. While the recognition criteria for evidence obtained by illegal law is too original, and the exclusion method is too absolute, and the judge’s discretionary authority is too large. In order to solve the above problem, it necessary to clearly define the exclusion criteria for evidence obtained by illegal law, define the exceptional provisions to exclude evidence obtained by illegal law and properly govern the discretionary authority of the judge.