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Research On The Rule Of The Eliminating The Illegal Evidence In The Administrative Litgation

Posted on:2009-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2166360245990796Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Evidence-the most persuasive argument-is the basis of justice. It is the central issue in the lawsuit. In the criminal lawsuit, due to much illegal evidence parties'right is often offended. Therefore the rule of the eliminating illegal evidence came to being. By the comparison, the same things often happen in the administrative lawsuit, when lack of the restriction the public right of the administration departments will arbitrarily occupy the space of the private right. So we can't ignore the rule of the eliminating illegal evidence in the administrative lawsuit. But actual situation is the rule of the eliminating illegal evidence in the administrative lawsuit is"the leave unused rule". So the administrative law lost a important"tooth"to restrict the public right. There many reason, the centuries-old tradition of valuing the substantive law and belittling the procedure law; the faultiness of the administrative procedure law itself; the lack of the exercisable detailed rules for actual various illegal evidences. In the academe, scholars have came to common idea which the rule of the eliminating illegal evidence in administrative lawsuit should be followed, but the different opinion is how to establish the standard to judging the illegal evidence in the background of the rule of law and the efficiency of the administration. So our study should start with the actual illegal evidence in the microcosmic sight. It is just the intent of the paper.In the paper, firstly, from the concept of the rule of the eliminating illegal evidence in administration law. After researching on some subordinate factor in the rule of the illegal evidence in the administrative law, Then, through absorbing the foreign experience and thinking over the actual situation in China, the thesis argues that we should think over its basement of the value, and why it be found, when we judge which evidence belongs to the illegal evidence should be eliminated. Secondly, I researched on how to judge some kinds of typical illegal evidence in the law practice, how to deal with"the fruit of the poisonous tree", what is the exception. Furthermore, I point out the difficulty and the hope in establishing the rule of the eliminating illegal evidence in administration law in China.
Keywords/Search Tags:illegal evidence in administrative litgation, the rule of the eliminating evidence, serious offence to procedure in law, secret investigating, illegal power
PDF Full Text Request
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