Study On The Perfection Of Exclusionary Rule Of Illegal Evidence In Administrative Lawsuit

In the course of the proceedings,the evidence plays an important role in the absence of evidence in any case,the legal process can not continue to go on.In the administrative lawsuit case,the people's Court needs to examine the administrative action of the administrative organ,first,it needs to judge whether the act of the administrative organ conforms to the law,then the administrative organ should provide the corresponding evidence.The court needs to examine the evidence to determine the authenticity and legality of the evidence,and to prove the merits of the case.The collection and application of evidence should adhere to the corresponding norms to ensure that the evidence can play a practical role,but also for the rights of citizens to provide protection.The exclusionary rule of illegal evidence was enacted in criminal proceedings.But the administrative lawsuit and the criminal procedure have the essential difference,therefore this stipulation cannot be copied to the administrative lawsuit,needs to establish the suitable stipulation based on the characteristic of the administrative lawsuit.Nowadays,the administrative power is more and more large,in the absence of the necessary restrictive means,the administrative organs in the actual process of evidence may appear illegal evidence,need to make corresponding measures to solve this problem,if otherwise,the rights of citizens will be difficult to be protected.Administrative power needs to be regulated,and power is put into the prison of law.At present,China does not make clear laws and regulations on administrative procedure,so it is impossible to find an effective basis and deal with this behavior which affects the rights of citizens.Therefore,in the process of administrative litigation,it is necessary to establish a perfect system of illegal evidence exclusion,which has clear provisions for illegal evidence-gathering in lawsuit cases,and is helpful to solve the problem of abuse of administrative power.To establish the exclusionary rule of illegal evidence in administrative litigation shows that human rights guarantee the concept of the rule of law,embody the value pursuit of due process,and guarantee our government's internal requirement of administration according to law.This article bases on our country present legislation stipulation,this paper points out the shortcomings of current legislation in China,and analyzes the achievements of some foreign countries in this field,and unifies the relevant provisions of criminal procedure in China,constructs and perfects the exclusionary system of illegal evidence in our administrative litigation,thus contributing to our country's legal cause.