Administrative Proceedings Illegal Exclusionary Rule

Evidence - the most persuasive argument - is the basis of justice. It is also the central issue in the lawsuit, without which there is no possibility to ensure the justice and fairness of the law. However, it is a must to abide by a series of rules when acquiring and proposing evidence as authenticating and cross-examining it so that the evidence can be properly used. Otherwise it will affect the judicial inquiry. Thus it is a necessity to make proper evidence rules.In the criminal lawsuit, due to much illegal evidence parties' right is always being offended, therefore rule of eliminating illegal evidence came into being. Actually, illegal evidence can be found not only in criminal lawsuit but in administrative proceeding when lack of restriction the public right of administrative departments will arbitrarily occupy the space of the private right, therefore, I suggest that the rule of eliminating illegal evidence should be introduced into the administrative proceeding.Firstly, from the perspective of the nature of evidence, the thesis argues that only the objective, relevant and lawful materials can be regarded as evidence. Secondly, based on this, by making the reference to the explanation of illegal evidence in different countries and theories concerning evidence I point out that illegal evidence is collected by inappropriate parties and it either violates the law or offends others' lawful right. That's to say, I understand it from a narrow sense.Furthermore, under the current judicial system, the establishment of rule of eliminating illegal evidence may come across many obstacles; however, it is feasible and has many values.The rule of eliminating illegal evidence in administrative proceeding is the principle rule in the application of administrative proceeding evidence. In part four and five, the specific frame on the rule of eliminating illegal evidence in administrative proceeding is elaborated in details, among which are the range of application, the process of operation, exceptional occasions and special ones. For example, I put forward the subject and time of illegal evidence proposal, theburden of proof, the standard of testification and judicial presumption, etc.At last, with a general conclusion, the thesis comes to an end. I expect that the rule of eliminating illegal evidence will be made in administrative proceeding as early as possible.