论民事证据的合法性
证据的合法性，可以说是证据法领域具有举足轻重地位的课题。众所周知，诉讼在实践中是一个清楚明了的讲事实，摆证据的过程，诉讼双方对有争议的事实口说无凭，都需要收集证据来支持自己的陈述或者反驳对方的陈述，同样法官在案件的审理过程中更是要坚定把事实作为依据，法律为准绳的原则，实际上，就是根据证据所证明的案件事实，依法裁定。可以说整个诉讼过程，证据起着决定性的作用，尤其是在民事诉讼当中，由于证据的收集主体主要在双方当事人，取证规范不足，案件事实又往往更为复杂多样，导致实务中证据合法性问题频出，有关于证据合法性的认定问题的解决就显得尤为重要，然而，就目前我国法律而言，关于非法证据的认定与排除规定并不清晰明了，相对极为宽泛模糊，这些都为民事诉讼的审理，证据的认定采纳增加了难度，本文将从民事证据合法性的认定依据展开，针对非法证据的认定与排除等问题逐一探讨。
关键词：民事诉讼；证据的合法性；非法证据排除；自由裁量权
On The legality of the civil evidence
ABSTRACT： The validity of the evidence is arguably the most important subject in the field of evidence. As is known to all, litigation in practice is a clear speak the truth, the pendulum evidence, the process of the parties to the facts mouth says, need to collect evidence to support his statements or refute each other's statement, also in the process of the trial judge should firmly take facts as the basis, the principles of law as the criterion, in fact, is based on the evidence proves the case facts, ruling in accordance with the law. Can say the whole process of litigation, evidence plays a decisive role, especially in the civil action, because the evidence collection mainly in the parties, forensics specification is insufficient, the case facts and tend to be more complicated, cause the legitimacy of evidence in the practice problems mount, has decided that the solution of the problem about the legality of the evidence is particularly important, however, at present our country law, cognizance and exclusion rules of illegal evidence is not clear, the relative is extremely broad fuzzy, these are for the trial of civil lawsuit, adopt increased the difficulty of evidence, this article will from the legitimacy of civil evidence as basis, in view of the problems such as the cognizance of the illegal evidence to rule out one by one.
KEY WORDS：Civil litigation; Legitimacy of evidence; Invalid evidence; discretion
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