On The Administrative Proceedings Illegal Evidence Exclusion Rules

The evidence litigation system is the core of administrative proceedings, whether the prove is adopted is relevant to the success of the lawsuit. The evidence submitted in administrative proceedings need to accord with certain rules of evidence, the rule of eliminating illegal evidence in administrative proceeding is one of it. Whether to need to establish illegal evidence elimination rule in administrative litigation is controversial, I think it is necessary to establish the rule, because evidence system is an important part of litigation system, the illegal evidence elimination rule is the regulation on the evidence adoption, there still have holes on eliminating illegal evidence rules, so illegal evidence elimination rule still need improve.In the field of administrative law, the exercise of public authority involved in all aspects of social life, the growth of public power and in the lack of effective restraint public power, the exercise of public power will inevitably lead to violations of private rights of citizens, as our country Administrative Procedure Act has not yet developed, so this act of infringement of rights is not effectively curbed. Administrative proceedings is the restriction on the private public power and the protection of the rights of the relief system, and establish the illegal evidence elimination rule in the administrative proceedings contribute to restrict executive power and protect civil rights. And contribute to help make up for the defects that the administrative procedure can not effectively investigate violate, so establish illegal evidence exclusion rules in the administrative proceeding is the general trend. The area of the law of administrative proceedings for illegal evidence exclusion rules is insufficient, as well in guiding judicial practice, it needs further improvement. The first part from the meaning of illegal evidence and its eliminating rule to start the problem, Through the analysis of the illegal evidence,administrative litigation illegal evidence,the eliminating rule of illegal evidence in administrative litigation, to show the question clearly; The second part from the research of legislation status point out the defects; Third part introduce the need of constructing concrete rule,and analyse it;Fourth part introduce how to apply the rule. In short, our laws on the rule of eliminating illegal evidence in administrative proceedings are still poor, and the theory of the research community is not very deep, it also requires legislation and theory improving.