The Application Of The Rule Excluding Illegally Obtained Evidence In Administrative Proceedings

The evidence is the uncrowned king, the degree of perfection of a countryevidence system directly affects the degree of civilization and rational nationallitigation system. In recent years, a number of criminal injustices occurred in thecommunity caused a great sensation, causing judicial authority and credibility in thepublic mind the image of collapse. Analyze the reasons for the wrong case occurredlargely because of illegal obtaining of evidence. Evidence is the soul of the litigation,is the foundation of a country’s justice, and the exclusionary rule as an importantlitigation rules of evidence, reflects the dignity of the rule of law, protection of humanrights, justice, fair value of the maintenance program goals.Exclusionary rule was originally produced in the field of criminal proceedings,as evidence of illegal behavior in the field of criminal proceedings and administrativelitigation is becoming a way of violation of civil rights legislation in the variouscountries of the administrative rules adopted gradually absorbed, the exclusionaryrule Criminal proceedings can be extended from the field to the area of administrativelitigation. Now after ten years of progress and development, the rules of evidence inthe field of administrative litigation of continuous improvement, especially illegalexclusionary rule to prevent the introduction of administrative litigation stage andprevent the more serious evidence of illegal behavior and administrative abuse ofpower is important.In China, the purpose of administrative proceedings is to protect the legitimaterights and interests of citizens, legal persons and other organizations. But there is theexecutive power bodies of law based public power as their property, in theadministrative field use powerful administrative body in the administrativeproceedings of public power through illegal ways to maintain evidence of violationsof his interests administrative counterpart private interests, totally contrary toGovernment to establish the concept of service.In order to strengthen the supervision of public power and the protection ofprivate rights, and enhance the protection of human rights of citizens of the country, the author intends to explore issues related to the exclusionary rule applies in the fieldof administrative proceedings. Start from the basic concept, the author attempts toillegal evidence exclusion rule connotation theory studies, comparative studies usingempirical analysis and other methods, the analysis of the current situation ofadministrative litigation illegal evidence exclusion rule, exploring the reasons for itssystem, with emphasis on illegal evidence exclusion rules apply in administrativeproceedings, and based on the value of China’s national conditions choice in the fieldof administrative proceedings perfect for exclusionary rule issue, a little shallowviews and suggestions to make their own contribution.In the field of administrative litigation exclusionary rule is not established, butincluding the newly revised "Administrative Procedure Law", includingadministrative regulations are on the exclusionary rule basically positive attitude,evidence of illegal behavior negative attitude. Research on the rules of law at homeand abroad are mostly theorists of inquiry in the field of criminal proceedings, theexclusionary rule began in criminal proceedings, has a more complete theory andpractice in the field of criminal proceedings, and the application of illegaladministrative proceedings exclusionary rule is a relatively new topic. United Statesof America as represented by the "mandatory exclusion of plus exceptional" modeand Britain represented "the interests of a measure to exclude" mode provides a goodselection of reference, the Administrative Litigation System to build and improve theexclusionary rule is the basic trend, fully clarify the administrative proceedings illegalevidence exclusion connotation, and set in line with the reality of our administrativeproceedings to exclude illegal evidence rule is particularly important.In order to strengthen the supervision of public power and the protection ofprivate rights of citizens to strengthen national human rights protection system, Iintend to explore the material collected during the exclusionary rule-related issues inthe field of application of the administrative proceedings. It is difficult to explore thereasons for the formation, and the value selected based on China’s national conditions,in the field of administrative proceedings to establish the illegal evidence excludeproposals rule problem, try to construct our administrative proceedings to excludeillegal evidence rule.