Case Research On Exclusionary Rule Of Illegal Evidence In Administrative Litigation

The key point of litigation is evidence. During the course of litigation, one of themost important judicial review is the legitimacy of evidence. In the administrativeareas, administrative agency’s power has been stretched into every aspects of ourcitizen’s life. If we do not put impose certain limitation on administrative agency’spower, the rights and interests of citizen could be violated deeply. Therefore, in orderto regulate administrative agency’s behavior in collecting evidences, it is verynecessary to establish the exclusionary rule of illegal evidence and specify itsexclusionary standards. It can not only improve administrative agency’s efficiency,but also play an positive role in pushing the process of rule of law in our country.However, the identification of illegal evidence in administration area is not easy.Scholars have arguments on the scope of illegal evidence, and whether it should beabsolutely excluded or relatively excluded. Meanwhile the judicial authorities faceslots of problem when reviewing administrative evidences, such as the imperfection ofillegal evidence exclusionary rule in administrative legislation, administrativeagency’s own discretion. All these problems causes the difficulties of identification ofillegal evidences in administrative areas. Therefore, this paper mainly focused onthree typical administrative cases to analyze how judicial authorities identified andexcluded illegal evidences in administrative litigation.This paper intended to focus on this issue in three parts. The first part begins withthe basic theories of the exclusionary rule of illegal evidence to clearly state itstheoretical basis. Also it analyzes the legislation of this rule in our administration lawand its implementation. After understanding the basic rules and legislation of this rule in our country, the second part of this paper will deeply and carefully analyze thedetails of the three typical cases and their judgments. The first case analyzes from theaspects of administrative agency’s discovery procedures and the legal form ofevidences, the second case analyzes from the temptation and violation behavior ofadministrative agency in collecting evidences, the third case analyzes from theeligibility of subject and collecting evidences secretly. Through the six aspects of thethree cases, this paper has a detail explanation on the exclusionary rule of illegalevidences and its enforcement in judicial practices. In the last third part, this papercomes up with the difficulties and proposes suggestions to this rule from the aspectsof legislation, enforcement and judicial review. First, due to the absence of an unifiedadministrative procedure law and the ambiguity of current law on the exclusionaryrule of illegal evidences, the application of this rule is hard; second, the lack of thelegal consciousness in citizens and administrative agency makes it harder of applyingthis rule. Also, the system of judicial review is not perfect. Such factors cause troubleof enforcing the exclusionary rule of illegal evidences. Through the introspectionabove, this paper hopes to advance the level of enforcement and increaseadministrative agency’s efficiency, and finally promote the improvement ofexclusionary rule of illegal evidences in administrative area.