A Study On Legality Of Evidence In The Administrative Litigation

Legality of evidence in the administrative litigation is the subject of this paper. As one major nature of evidence, legality of evidence is the indispensable element which comprises the legal evidence with objectivity and relatedness of evidence. That is, evidence can be obtained by the court on the condition that it follows the law about how to get and offer evidence in the action.From the Angle of legitimacy, administrative litigation evidence requires collecting, providing and confirming evidence, the external form and the content of the evidence must conform to the laws, it involves the requirements for evidence to the court to adopt, the guidance and supervision to administrative judge.Study on administrative litigation evidence is only for evidence in administrative litigation legitimacy of some concrete manifestation and basic characteristics of basic theory research, and the principle of administrative litigation legitimacy and evidence in applications in the field of study is relatively rare.Therefore, this article mainly through normative analysis method and comparison analysis method to explain the theory principle of legitimacy of administrative litigation evidence and the evidence legitimacy in administrative litigation expatiated on the application fields.The paper consists of four parts:The first part:the basic outline of legitimacy of Administrative litigation evidence. This part mainly expounds the legitimacy of the administrative litigation evidence related concepts.The second part:the theoretical origins of administrative litigation evidence system. This chapter respectively analyzed and summarized two theoretical principles of administrative litigation evidence system--administration according to law principle and due legal process principle and analyzes influence of two big principle to administrative lawsuit evidence. The third part:Censorship standards of legitimacy of administrative litigation evidence.The fourth part:Exclusionary rule of illegal evidence of administrative litigation.