Research On The Application And Legislation Of The Exclusionary Rule Of Illegal Evidence In Administrative Litigation

The exclusionary rule of illegal evidence was originally designed for the field of criminal procedure.With the continuous improvement of the rule of law in our country,the issue of human rights protection has attracted more and more attention.In the administrative field where public power also needs regulation,this rule has begun to be widely applied and developed.At the same time,the problems of legislation and judicial application of this rule have gradually emerged.Legislatively,the formulation of this rule lacks systematicness and operability.In judicial application,judges take a negative attitude towards the exclusionary rule of illegal evidence in the field of administrative litigation,and it is difficult to determine the scope and effectiveness of illegal evidence in administrative litigation.Starting from the theory and relevant provisions,this paper probes into the specific problems existing in the rule.At the same time,through the statistical analysis of the relevant judgment documents,we find the problems existing in their application,and give some advices for advance at last,expecting to provide some valuable ideas for the positioning and development of this rule in the field of administrative litigation.Exclude the introduction,the dissertation is segmented into four parts:The first part deals with the basic principles,and the concepts of the rule have not been agreed in the theoretical circles.So this part defines some relevant definitions at first,and then further clarifies the specific embodiment of the rule in the field of administrative litigation by comparing it with the exclusionary rule of illegal evidence in the field of criminal litigation.The theoretical basis of the rule is introduced to reflect its rationality and value.The second part elaborates the current situation at the legislative level.Through the analysis of the current legislation situation of this rule in China,this paper points out the room for improvement at the legislative level.The third part probes into the problems encountered in the judicial application.Taking relevant judicial documents as samples,it investigates the current situation of judicial personnel's recognition of this rule,and summarizes the difficulties encountered in judicial practice.The fourth part puts forward the improvement measures of the rule,mainly aiming at the problems in the legislative level and judicial application,and proposes to improve it from three aspects: substantive rules,procedural design and supporting system.Hope to provide suggestions for the development direction of this rule in the field of administrative litigation.