On The Rule Of Exclusion Of Illegal Evidences For Administrative Litigation

People's Court finds that the facts of the case are based on the evidence. it is the core issue in litigation procedures, it is also an extremely important component. China established illegal evidence exclusionary rule in administrative procedures, which is beneficial for the protection of civil rights and the supervision of administrative power and choice of values. The rules help people to foster the concepts that the statutory procedures and methods to the collect and survey the evidence which is illegal should be excluded, as well as it will have a positive effect that supervising administrative body should be the implementation of the principle of administration according to law in every small detail. This article is from this perspective, expounded exclusionary rule of administrative procedures illegal evidence for four parts.The first part, it is the basic theory of illegal evidence of administrative litigation. Firstly, talks about the basic content of the evidence, the evidence is a legal concept, the soul of procedures, the basis of legal issues. The representative theory is the Fact Theory and the Foundation Theory. Jia hong He who is the editor-in-chief of "New Evidence Act," said: "the evidence is to prove that whether there is a existence about the facts of the case or the facts related to legal affairs." This concept is on the basis of the Foundation Theory and give a further improvement. Secondly demonstrated the basic content of the evidence in administrative procedures . A more unified presentation of China's current administrative procedures evidence is that they are factual information or the regulatory documents on the basis of administrative acts, which is used by the legal relationshipbody to prove that the act is illegal or not and whether there is an infringement upon the legitimate rights and interests of the opposite person for administration . It has its own characteristics, such as a technical and industry, a review of the evidence. Finally it talks about the fundamental theory of administrative procedures for the illegal evidence.The second part, the historical development of illegal evidence exclusionary rule in administrative procedures. From a historical point of view, the principle about the exclusion of illegal evidence initiated and established in the United States, and it is based on the establishment of the concept of due process. It can be said that the history of exclusionary rule of illegal evidence is the history of development of the protection of human rights and the history of struggle against authority. As our country always attach importance to entity and despise the procedures, so in the administrative procedures, the rule starts lately, and experience is a difficult process of development. At present, exclusionary rules of illegal evidence in China's administrative procedures not only have the constitutional basis, but also in the <>> and<>, these rules provide a legal basis in the course of practice for the better application of the rules.The third part, it is the value of the proceedings illegal evidence exclusionary rule. The rules are mainly from the concept of due process. Procedure derives from the existence of people and contacts, as people improve their ability to control society, social order is rational, procedures have been rational, and procedures have artificial tectonic significance, and it became the rational functions and tools. The rule of law in our country emphasizes the proper procedure, that is, in the process of justice. Since ancient times, we weight entities procedures, and ignore the legitimacy and legality of the procedures. The procedures must be to discover the facts of the case as the core objective. This not only runs counter to the concept of modern rule of law, but also hinder China's implementation of the principle of governing the country according to law. Therefore, we have to recognize the significance of due proceedings, it is the protection of justice entities. Administrative proceedings illegal evidence exclusionary rule not only relates to procedural justice, it is also the result of the value choice. "Value" is the concept in the widespread use in the modern human sciences. Because the litigation is not only safety, but the carrier of free, so for the security and freedom, how should we choose in the end? The result of our choice is the production of administrative proceedings illegal evidence exclusionary rules.In the final part is the question of the legality of the proceedings of the evidence of "the fruits of the poisonous tree ". It can be said that this issue has been a hot issue of the theoretical circle. On this issue, the different countries based on different values have different approaches, some practices are "disposable fruit tree felling," and some is "fresh cut fruit." In short, our country should not only learn from the strengths of other countries, but also with their own characteristics, to strive for an early consensus on this issue. The forth part, it is the construction of proceedings illegal evidence exclusionary rules. The transcript is part of the focus. Before the construction, we must make it clear that the value and meaning of the rules, and to understand that this rule needs a long-term and gradual process to establish. Specifically refers to: 1.The main non-Proper collection of the evidence should be excluded. It is the prerequisite that the evidence is collected or provided by the body with legal status, which is why the evidence of the non-Proper body collected should be excluded; 2. Evidence of violating of the investigation rules should be excluded; 3.Deprivating unlawfully of the enjoyment of the law relative to the statements, representations or hearing rights, then the evidence should be excluded. If the executive authorities access to the evidence and obey the statutory obligations, which is the statutory procedures of illegal evidence, should be excluded; 4. The evidence which violate the rules of mining permit should be excluded. There are the provisions both that the administrative body is restrictive and that the plaintiff is the same, when they collected the evidence, the main principle is the rule of "first evidence, after the ruling," and is also fair to both sides of the main;5. The evidence in obtaining which violate the procedures seriously should be excluded. That Identification procedures offence "seriously" means the steps, methods and operations of the identification is statutory procedures, it may lead to facts of identification deviated from the conclusions seriously; 6. Non-statutory forms of evidence should be excluded. Non-statutory forms of evidence do not form the basis of a decision. The full text of the final is exceptions of illegal evidence exclusionary rules in the administrative proceedings. Including: The exceptions of the national interests and the social and public interests; 2. Exceptions in case of emergency; 3.The exception of goodwill; 4. Exceptions of eventually or inevitable found.The summary of the full text of this paper is concluding words ,say that established the administrative proceedings illegal evidence exclusionary rule , we both under the Constitution, and conforms to the needs of the same international standards, reflects the basic concept of the protection of human rights, and fit to the development trend of the world in administrative proceedings, it is also the value of the pursuit of the goal of litigation, and it is the objective demands of justice of the rule of law, it shows the democracy and the rule of law ,it embodies people by trust and recognition which accesses to proper procedures after the ruling. We hope that the rules play an active role in the rule of law in building socialism with Chinese characteristics.