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非法证据排除规则首先在刑事诉讼领域当中确立,对于此规则的研究也大多集中在刑事诉讼方面。但从各国立法实践和司法实务来看,民事诉讼领域也存在非法证据,而且相关研究也越来越多。虽然两者在一些制度上有共通之处,但毕竟刑事诉讼和民事诉讼的性质不同,非法证据排除规则在刑事诉讼法和民事诉讼法中的内容往往也不尽相同,而排除的判断标准也有所区别。
The rule of exclusion of illegal evidence is first established in the field of criminal procedure. Most of the research on this rule is focused on criminal procedure. However, from the perspective of legislative practice and judicial practice in various countries, there is also illegitimate evidence in the field of civil litigation, and more and more relevant research is being carried out. Although there are some commonalities between the two systems, after all, the nature of criminal procedure and civil procedure is different, and the rules of exclusion of illegal evidence are often different in the criminal procedure law and civil procedure law, The difference.