Exclusion Of Illegal Evidence In Admini Strative Litigation

The focus of the judge's trial is on the review of evidence.In administrative litigation,judges mainly focus on evidence when they make administrative actions against administrative agencies.In order to curb the illegal evidence collection by the administrative organs and safeguard the legitimate interests of the parties,the illegal evidence exclusion rules were introduced into the administrative litigation.The rules for the exclusion of illegal evidence in administrative litigation are supported by the provisions of the Constitution.In 995,the Supreme People's Court's reply first stated that the conversation that the other party did not agree to sneak was illegal evidence and could not be used as the basis for determining the facts of the case.Provisions on the Illegal Evidence of the Provisions on Certain Issues in Administrative Litigation Evidence Promulgated by the Supreme People's Court in 2002.The"Public Security Administration Punishment Law" of 2006 stipulates that evidence collected by means of extorting confessions by torture,threats,inducements,deceptions,etc.shall not be used as a basis for punishment.Exclusion of illegal witness testimony and material certificate in the "Procedures for Public Security Organs Handling Administrative Cases" in 2013.The Administrative Litigation Law,amended in 2014 and 2017,raises illegal evidence to the legal level.The illegal evidence of political proceedings and the criminal evidence and the illegal evidence of civil litigation all reflect the rights protection and the proper concept of procedures,all of which are to prevent the illegal evidence collection of the subject.However,due to the design purpose and value pursuit of the three major litigation systems,the three are different in the purpose of establishing the rules,the burden of proof,the standard of proof,and the type of evidence.According to the provisions of Chinese laws,the evidences obtained by serious violations of legal procedures,obtained by means of violation of the law's mandatory provisions,and infringed upon the legitimate rights and interests of others,obtained by means of inducement,fraud,coercion,violence,etc.are the criteria for the exclusion of illegal evidence.Evidence collected by illegal entities,evidence of illegal forms,evidence collected through illegal powers,and other evidence obtained in violation of administrative litigation are excluded from illegal evidence.In judicial practice,the parties mainly apply for the exclusion of illegal evidence on the grounds that the subject of the evidence is illegal and violates the legal procedures.The court adopts an evasive attitude towards the application of the rules for the exclusion of illegal evidence,and usually uses other evidence to determine the facts of the case.The legal provisions on the rules for the exclusion of illegal evidence in administrative litigation in China are more general.When the law only makes the principled provisions,it lacks the rules for measuring the interests of judges,there is no independent procedure for the trial of illegal evidence,the criteria for judging illegal evidence are vague,and the legal liability of illegal forensics,some of the judgment documents are not reasonable.The fundamental reason is that China has not formulated the administrative procedure law,a the influence of human thinking and the legal concept of "heavy entities and light procedures".For the problems existing in the rules for the exclusion of illegal evidence in administrative litigation in China,first of all,the rules for measuring the interests of judges can be established in terms of applicable occasions,applicable concepts,applicable standards,and applicable processes.Second,an examination procedure for the exclusion of illegal evidence should be established.Thirdly,illegal evidence is divided into illegal physical evidence,illegal verbal evidence,and different exclusion criteria are established.For evidence,the evidence can be adopted after correction;Then,through the process of regulating the legal liability for the exclusion of illegal evidence,and improving the way in which administrative law enforcement personnel assume legal responsibility,establish an illegal evidence exclusion responsibility mechanism.Finally,improve the illegal evidence of the judgment documents.