On The Exclusion Of Illegal Evidence In Administrative Litigation

Evidence is the central issue of the whole procedural system, and also the key for the court to make a judgment. Although being the products of modern criminal procedure, the exclusionary rules of illegal evidence share in common with administrative procedure in the contributions of protecting citizens’basic human rights and limiting state power. A consensus has basically been reached in the theory circle on the applicability of exclusionary rules of illegal evidence in the field of administrative procedure; however, in the context of the rule of administrative law and administration efficiency requirement, no unanimous conclusion have been drawn among scholars with regard to the method of establishing judgment criteria for illegal evidence in administrative procedure. Therefore, this issue is selected as the topic of the postgraduate thesis. Starting with the conception of evidence in administrative procedure, the first section of this thesis tries to clarify and define the definition of illegal evidence in administrative procedure by analyzing the connotation of it; from a macroscopic angle the second section analyzes the value of illegal evidence in administrative procedure in respect of due procedure, human rights assurance and unlawful action control; the third section analyzes the current situation of the exclusionary rule of illegal evidence in administrative procedure in China, points out the obstacles in mechanism, values of law as well as judicial system, and makes detailed analysis of the problems in specific practices; at last, the thesis offers some suggestions for improving the exclusionary rule of illegal evidence in administrative procedure in our country.