Study On The Rule Of Eliminating Illegal Evidence In Administrative Litigation

The "Illegal Evidence Exclusion Rule" was a problem that was mainly discussed in the criminal procedure law,but it gradually developed into the civil procedure law and administrative procedure law.As early as Article 33 of the Administrative Procedure Law of 1989 and Article 28 of the "Opinions on the Implementation of Several Issues of the Administrative Procedure Law of the People's Republic of China(Trial)",certain restrictions were imposed on the defendants' collection of evidence,thereby ensuring that "the first Implementation of the " rule after taking evidence " procedure.Article 30 of the " Interpretation of Several Issues Concerning the Implementation of the " Administrative Procedural Law of the People's Republic of China " in 2000 also included other evidence collected by the defendant in serious violation of legal procedures into the scope of exclusion.The "Regulations on Several Issues of Evidence in Administrative Litigation" in 2002 further detailed it,and initially established the system and framework of the rules for excluding illegal evidence in administrative litigation.The 2014 revision of the Administrative Procedure Law formally upgraded the rules for excluding illegal evidence to law,and clarified that illegal evidence in this context refers to "illegal evidence in a narrow sense," that is,evidence obtained by illegal means.Article 43 of the Interpretations of the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China(2018)provides further interpretations on what is obtained by illegal means.The enactment of these regulations and the elaboration of rules prove the positive promotion of the system by the legislators.However,although the scholars of administrative law have the same attitude to the rule of excluding illegal evidence and generally believe that it contains important procedural value,there is a large gap between theory and practice.China's administrative procedure law has more general legal provisions on the exclusionary system of illegal evidence,and only makes them in principle,which leads judges to take a cautious or even negative attitude towards the exclusion of illegal evidence.Many problems and inconsistent links have appeared in the application.Therefore,the purpose of writing this article is mainly to select cases related to the exclusion of illegal evidence in administrative litigation in recent years,to analyze the status quo and existing problems of the system in depth,and to propose relevant solutions.This article is divided into four chapters to elaborate,the first part of the main exclusion of illegal evidence combing the relevant theories and literature.The second part collects and screens related cases through statistical analysis of the data,identifies 514 cases as research specimens,and discusses the current implementation status of the system in detail.The third part is to summarize the current dilemmas in specific applications,such as the need to define the scope of the exclusion of illegal evidence,the inconsistent burden of proof and the application of certification standards,the convergence of administrative evidence and administrative litigation evidence,and the confusion of judgment forms.The fourth part is to propose corresponding countermeasures to improve and resolve: the first is to clarify the scope of exclusion of illegal evidence,including clear rules for the removal of illegal evidence based on the ability of evidence as a review standard,and to determine the standards for flaws and violations;the second is to apply gradient litigation Legal consequences,which apply different litigation consequences by differentiating the degree of illegal evidence collection.The third is to address the issue of convergence between the current evidence system and the adjudication method.It is necessary to better prevent the deliberate adjudication method and clarify the effective connection of the administrative evidence system;The fourth is to clarify the standard of burden of proof and the treatment of the fruit of poisonous trees.Through the above analysis and combing,the author hopes to promote the further improvement of China's illegal evidence exclusion system in the field of administrative litigation,forcing administrative agencies to improve their ability and level of administration according to law,and to promote the improvement of the country's rule of law.