Exclusionary Rule Of Illegally Obtained Evidence In Administrative Litigation And Its Application In China

In administrative litigation,"exclusionary rule of illegally obtained evidence"is an important rule to guide the use of evidence, as well as a sensitive issue in the administrative litigation evidence system of our country. The paper proceeds from the concept of illegally obtained evidence in administrative litigation, illustrates the connotation, legal validity, and value. And it analyzes the problems in existing practice of"exclusionary rule of illegally obtained evidence"in administrative litigation with relevant rules in China's Administrative Procedure Law, The explanations on some issues of the enforcement of Administrative Procedure Law rendered by the Supreme Court, and Rules of issues about administrative litigation evidence. Besides, suggestions on improvement of the rules are offered.The guideline of the paper is historical materialism and dialectical materialism, and the paper follows the path of"scope and rule","comparison and adoption". Methods such as comparative analysis, historical analysis, etc. are used in the illustration. There are three parts in this paper: first, the elaboration of basic concept concerning exclusionary rule of illegally obtained evidence in administrative litigation, and analysis of its legal validity with expatiation of the relevant rules in China; second, the analysis about the inner value and choice of practical value of"exclusionary rule of illegally obtained evidence"in administrative litigation; third, analysis about the existing problems in China, and suggestions on legislation and application of rules.