The Application And Perfection Of Exclusionary Rule Of Illegally Obtained Evidence In Administrative Litigation

Evidence is the core surrounded by the proceeding activity, as well as the key issue of thelitigation. The administrative litigation is an activity that the court reviews the specificadministrative act of an agency is legal or not, while the judgment is according to theevidence by the agency to perform relevant specific administrative act. Whether the evidencecould be adopted lead to the different final result directly, so the exclusionary rule of illegalevidence has a pivotal position in the administrative litigation. Although the exclusionary ruleof illegal evidence originated in criminal litigation, administrative litigation has its ownparticularity, instead of complying with relevant provisions of the criminal procedure, it needsto combine their own characteristics in institutional reform. The cases that illegal collection ofevidences by administrative organs infringing on lawful rights and interests of administrativecounterpart happen frequently, and it makes the conflict more prominent betweenadministrative subject and counterpart, however, it does not conform to the requirements ofadministration according to law. Administrative power has to regulate on the system of rules,otherwise it will infringe the citizen’s private right space unscrupulously. On account of notestablishing a unified administrative procedural law in our country yet, this kind ofinfringement is difficult to accurately define and find punishment basis, so that the illegalcollection of evidences by administrative organs can not get effective containment. Therefore,it is an unavoidable question to establish a sound system about exclusionary rule of illegalevidence in administrative litigation, and it is helpful to strengthen the protection of civilrights and restricting the wanton of public power. But it is still few and not perfect about theprovisions of exclusionary rule of illegal evidence in our country’s administrative laws andregulations, which can’t guide the judicial practice well, so it is necessary to discuss andanalyse those probems which have appeared or will appearde inevitably, and then to find aperfect and sound way.The guideline of the paper is historical materialism and dialectical materialism,meanwhile, it not only bases on legal file but also using the method of comparison andanalysis to study and discuss exclusionary rule of illegal evidence in administrative litigation.The article is divided into four parts: in the first part, to define and interpret the involvedrelated basic concepts of exclusionary rule of illegal evidence in administrative litigation, andanalysis its effectiveness according to our country’s legislative regulations, it focuses on system level analysis. The second part through the value analysis to expound accept or rejectcriteria and exclusion criteria of exclusionary rule of illegal evidence in administrativelitigation from different angles. The third part is to explain the scope and its exception of thisrule which is based on legal file. And in the last part, it combines with difficulties anddeficiencies of the exclusionary rule of illegal evidence in administrative litigation appearedfrom judicial practice in our country to put forward viewpoints, and then makes somecorresponding thorough suggestions.