Research On Exclusionary Rule Of Illegal Evidence In Administrative Litigation In China

As an important part of the evidence rule system,the illegal evidence exclusion rule has been concerned by the theoretical and practical circles since its inception,especially in the field of criminal litigation.In the field of criminal litigation,China introduced the rules for the exclusion of illegal evidence earlier,and the theory and practice have become increasingly mature.Although the rules of illegal evidence exclusion have been determined in the field of administrative litigation,there is a lack of theoretical and practical basis.The judicial effect on the rule of exclusion of illegal evidence in administrative litigation is not satisfactory.Based on the current legislative situation in China,this paper combines the application of illegal evidence exclusion rules in extraterritorial administrative litigation,and proposes some countermeasures and suggestions for perfecting the illegal evidence exclusion rule system of administrative litigation in China.The paper consists of six chapters.The first chapter is the introduction.Explain the basis and significance of the topic selection,introduce the research status of illegal evidence exclusion rules at home and abroad,the main research methods used in this paper,and the innovations and shortcomings of this paper.The second chapter is the basic theory of the rule of exclusion of illegal evidence in administrative litigation.Defining related concepts and pointing out the characteristics of administrative litigation evidence,introducing the origin of illegal evidence exclusion rules,Explain in detail the value of studying the rules of illegal evidence exclusion in administrative litigation,using procedural statutory theory,illegal control theory and "fruit of poison tree" Theory lays the theoretical foundation for the exclusion rule of illegal evidence in administrative litigation.The third chapter is the legislative analysis of the illegal evidence exclusion rule of administrative litigation in China.This paper analyzes the general situation of China's legislation from five aspects: excluding the subject,excluding the object,eliminating the procedure,and eliminating the effectiveness.It points out that the problems of the illegal evidence exclusion rule in China's administrative litigation mainly include: lack of systemicity,lack of operability,and main legislation.The content is flawed,and the supporting provisions of the legislation are not perfect.The fourth chapter is the rule of exclusion of illegal evidence in the perspective of comparison.Compare the illegal evidence exclusion rules of the three major lawsuits,analyze the similarities and differences between the three major lawsuits illegal evidence exclusion rules,and finally evaluate the extraterritorial illegal evidence exclusion rules.The fifth chapter is to improve the concept of illegal evidence exclusion rule in administrative litigation in China.Firstly,the paper proposes the path and micro-measures to improve the macro-background of the illegal evidence exclusion rule of administrative litigation in China.Secondly,it proposes the micro-initiative to improve the illegal evidence exclusion rule of administrative litigation.Finally,it puts forward the supporting measures to improve the illegal evidence exclusion rule of administrative litigation in China.The sixth chapter is the conclusion.This chapter is mainly about the deepening of the full text view and concept.It shows that the deepening of the consciousness of the people and the rule of evidence in the democratic legal system has created a good rule of law environment for the improvement and development of the illegal evidence exclusion rule of administrative litigation in China.At the same time,the perfection of the illegal evidence exclusion rule system of administrative litigation will also promote the level of legal administration in China.Construction will speed up the process of modernizing the rule of law.