On The Exclusion Of Evidence Of Illegal Administrative

Whether in civil, criminal or administrative proceedings, the evidence has not shake theposition is directly related litigation success. But only with the use of evidence obtained islegal, in order to ensure procedural fairness and achieve justice. Therefore, with the use ofevidence obtained must follow certain guidelines, the only way to ensure rational use ofevidence in order to effectively protect the legitimate interests of the parties.In the criminal field, there is a lot of evidence of acts by illegal means, such evidencemeans a serious violation of the legitimate rights and interests of the parties, and thereforemost in the exclusionary rule will appear in the criminal field. But in the field ofadministrative law, with the continuous expansion of executive power and theever-expanding administrative bodies, combined with executive and administrativecounterpart of this disparity in status, making the administrative organs by illegal meansevidence in the administrative enforcement process as possible, if not corresponding rules toconstrain the behavior of the executive authorities of evidence, the rights of citizens isdifficult to be guaranteed. Therefore, in the administrative enforcement process, theadministrative organ to exclude evidence gathered by illegal means, and in subsequentadministrative proceedings, the court excluded the evidence collected administrative organsof the above means, but also the administrative and legal protection of human rightsimperative.In this article, the authors first from the basic theory of evidence to proceed, step by stepfocuses on the evidence of what is the basic concept of connotation and denotation. On thisbasis, it is important to apply the value of the exclusionary rule has been explained in thefield of administrative law, after the exclusion of the country ’s interpretation of the rules,and then again in the civil law and the common law system of illegal evidence exclusion rulesof administration on were studied, specifically describes a predetermined Kingdom, theUnited States. After exclusion of evidence abroad to explain the rules of the system,combined with the status of legislation in the field of administrative law, administrativeevidence of illegal exclusion ranges were discussed, there is a principled exception, not theabsolute exclusion of all evidence of illegal, which, for the exception to the rule and weredischarged explained. Established in the field of administrative law exclusionary rule, which can effectivelysuppress evidence of illegal acts of the executive authorities, reflecting the concept of humanrights protection; while formulating exception to the rule of evidence against relatively minoroffenses, but not the legitimate rights and interests of the means to be made using is requiredadministrative efficiency principles. Establish and improve the illegal evidence exclusionrules in the field of administrative law, the law of evidence on the whole field hasapivotarole.