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证据排除规则最早起源于英美国家,是现代证据制度中的重要规则,是法官用以判断证据是否具有证据能力的重要依据。由于立法模式、诉讼模式以及法文化的差异,英美法系和大陆法系的民事诉讼中的证据排除规则存在较大的差异。分析证据排除规则的历史渊源和两大法系排除规则的内容及其差异,可促进借鉴西方经验完善我国的民事诉讼中的证据排除规则。
The rule of exclusion of evidence originated in the Anglo-American countries as the most important rule in the modern evidence system. It is an important basis for the judge to judge whether the evidence has the evidence ability. Due to the difference of legislative mode, litigation mode and legal culture, there is a big difference in the rule of evidence exclusion in the common law civil law system and civil law civil lawsuit. Analysis of the historical origin of the rule of exclusion of evidences and the content of the rules of exclusion of the two legal systems and their differences can promote reference to Western experience and improve the rules of evidence exclusion in civil proceedings in our country.