Study On The Exclusionary Rule Of Illegal Evidence In Administrative Procedure

The close relationship between evidence and legal procedure shows that without evidence, any elaborate legal procedure becomes meaningless. As an indispensable component of a legal proceeding, the function of administrative procedure is brought into full play when the role of evidence is resorted to.Based on the principle of legality and requirements on legitimacy of evidence, protection of human rights as well as justice of procedure, rules about excluding illegal evidence should be established during the administrative procedures. But the current situation in our country determines that in the procedure the adoption of this rule cannot be too harsh. It remains a long-term problem that how to collect evidence in the administrative procedure and whether it can be used as the basis of decide on a verdict. Although our administrative law has formulated the legal procedure and methods of evidence gathering, it is not clearly formulated how to rule out the illegal evidence. Based on the analysis of the theory on illegal evidence elimination and forms occurring in the illegal evidence gathering during the administrative practice, we can safely conclude that it is necessary to reconsider current judicial interpretations and administrative regulations concerning this rule. This paper makes an analysis of the current situation and defects of evidence regulation in administrative procedure and some measures are put forward to improve it.