Study On Exclusion Rules Of Illegal Evidence In Administrative Proceedings

The exclusionary rule of illegal evidence originated in the field of criminal procedure,but with the development and perfection of the rule of law,it has been extended in the field of civil procedure and administrative procedure.The exclusion rule of illegal evidence in administrative litigation plays a role in urging and restricting the administrative subject to administer according to law,and is also an important content in the relief of the rights of administrative counterpart,which reflects the principle of procedural justice.However,although the relevant laws of administrative litigation in our country have stipulated the exclusion rules of illegal evidence,this regulation is too general,only the principle regulation,and limited to the description of the means and ways of obtaining illegal evidence,lack of applicability.How to determine the"illegality" of evidence in specific cases and how to refine the specific rules of excluding illegal evidence need further research.Through the empirical study,it can be found that there are some problems in judicial practice,such as avoiding the application of fact finding directly over the evidence review,insufficient review of the legitimacy of evidence,unreasonable distribution of burden of proof and exclusion criteria to be clarified.In the final analysis,these problems originate from the lack of applicability of the exclusion rules of illegal evidence in administrative proceedings.In view of the problems existing in the exclusion rules of illegal evidence,on the one hand,it is necessary to clarify the identification of illegal evidence,grasp the degree of "serious illegal evidence",and clarify the specific identification of "evidence obtained by means of violating mandatory provisions of law and infringing on the legitimate rights and interests of others" and "evidence obtained by means of inducement,fraud,coercion,violence".On the other hand,it is necessary to clarify the exclusion criteria of illegal evidence and further refine the exclusion criteria of "distinguishing the degree of illegality of evidence".At the same time,the procedural rules for the exclusion of illegal evidence should be detailed,including the subject of application,the time of application and the reasonable distribution of the burden of proof.From the point of view of enhancing the applicability of the exclusion rules of illegal evidence in administrative litigation,we should establish the step standard of the identification of illegal evidence,and reasonably handle the application for the exclusion of illegal evidence through the judgment of four step steps,and supplement the processing rules of derivative evidence and the exception rules of the exclusion of illegal evidence.From the point of view of refining the procedural content of the exclusionary rule of illegal evidence,the court should distinguish the application subject of exclusionary rule of illegal evidence,and protect the administrative counterpart who is in a weak position.The pre-court review system of the exclusion of illegal evidence and the reasonable distribution of the burden of proof of the exclusion of illegal evidence should be established.The defendant should bear the main burden of proof and the plaintiff should bear the secondary burden of proof,so as to further implement the protection of the rights of the administrative counterpart.From the point of view of perfecting other supporting systems,the administrative case guidance system should be perfected and the corresponding illegal evidence recovery and punishment system should be established.Meanwhile,the court should also strengthen and enrich the corresponding interpretation in the judgment documents.