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On The Rule Of Exclusion Of Illegal Evidences For Administrative Litigation

Posted on:2015-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:S T LiuFull Text:PDF
GTID:2266330428996368Subject:Law
Abstract/Summary:PDF Full Text Request
As the exclusionary rule of illegally obtained evidence has been included intothe administrative proceeding law amendment draft, this paper starts from relatedregulation on administrative proceeding area in our country and do researches fromthe angle of abovementioned rule. It was found that the regulation on exclusionaryrule of illegally obtained evidence lacks of systematicness. Therefore, this paper willprobe into several detailed issues of the rule. Hopefully, it will provide somereference to the establishment and application of the exclusionary rule of illegallyobtained evidence in administrative proceeding.Since there is no unified opinion about the connotation of illegally obtainedevidence in the circle of the science of evidence law, it becomes the theoreticalpremise of this research to analyze and define the connotation of illegally obtainedevidence. Only by this means can the research of the exclusionary rule be to the point.Generally, the illegally obtained evidence means all evidences whose source, form,collector and collecting method are not in conformity with law. Though it’s supposedto protect human rights more thoroughly, it does not fits the concrete nationalconditions of China at present. Therefore, this paper conducts its research in a narrowsense of illegally obtained evidence, namely within the scope of illegally obtainedevidence.The establishment of the exclusionary rule of illegally obtained evidence is theresult of a series of legal value balance, which demonstrates the diversified valuesystem itself. In general, the exclusionary rule of illegally obtained evidence reflectsthe humanistic care and ensures the procedure just and asserting legal dignity, so it’snecessary to include the exclusionary rule of illegally obtained evidence in theadministrative proceeding law. It pushes the implementation of the strategy of rulingthe country with law.Classifying by the evidence obtaining behavior, there are5kinds of illegallyobtained evidences: evidence obtained by procedure that seriously violates the legal procedure, evidence obtained by means of secret inquiry, evidence obtained by illegalpower, evidence obtained by entrapment, and “the fruit of poisonous tree evidence”.Different illegal evidence has different feature. They should be determined bydifferent standard. Therefore, the criteria of illegal evidence should be as detailed andclear as possible to increase its operability.A concrete system is indispensible to the implementation of all rules. In a similarway, there are many things to make clear in the aspect of judicial application so as torealize the value of the exclusionary rule of illegally obtained evidence. The systemestablishment of abovementioned rule in administrative proceeding law should bedone step by step and become more and more mature and completed gradually.
Keywords/Search Tags:Administrative litigation, Illegally obtained evidence, Exclusionary rule
PDF Full Text Request
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