On The File Exclusion Principle Applicable In Administrative Proceedings

The principle of administrative records exclusion system in administrative cases refers to administrative agencies that decide the administrative acts must base on the records which include the evidence checked by the administrative counterpart and other evidence collected before; on the other hand, the court can't judge the administrative acts legally according to the evidence which collected after the administration procedural. It's an important procedural principle, plays an extremely important role, it's originated from American administrative procedural to protect their rights, to control the administrative power effectively and to keep the public hearing from formalities; but the principle of administrative records exclusion system is effective in improve the procedural awareness and the status of administrative counterpart etc, so it is used extensively in court to judge the administrative cases.If we want this principle to be effective in the judicial review procedural we must construct this system perfectly, we have to base on the administration entity law, administrative procedural law and judicial review. We don't establish the administrative records exclusion system in judicial review. The thesis analyzes basic thesis, features, functions and the practical functions. To perfect administrative records exclusion system, then its necessity and feasibility analysis, and the analysis administrative proceedings of the current status, then give a way to deal with this problem.