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

The Exclusionary rule of illegal evidence is not only a key issue in the evidence theory and the legislation, but also is a difficult issue in the judicial application. The exclusionary rule of illegal evidence is an important evidence rule in the modern country under the rule of law and guide people to use evidence correctly in the lawsuit system. The exclusionary rule of illegal evidence reflects the legal value of litigation civilization, procedural justice, the protection of human rights, etc. Scholars have made further research in the field of criminal litigation. The research on the exclusionary rule of illegal evidence has made some achievements, but the research in the field of administrative litigation has a lot of deficiencies. In the aspect of legislation,the relevant provisions in the field of administrative litigation are scattered, lacks systematization and operability. In the aspect of judicial application, there are many problems in terms of legislation, judicial system and legal consciousness. In the judicial practice of administrative litigation, these problems cause the difficulty of identifying and excluding illegal evidence in administrative litigation. This paper starts with the theories and relevant provisions of the exclusionary rule of illegal evidence in administrative litigation and then discusses some specific problems. This paper is also based on the judicial cases to discuss and analyze the problems and causes of the exclusionary rule of illegal evidence in administrative litigation in the judicial application. I hope this paper can provide some viewpoints worth learning for the improvement of the exclusionary rule of illegal evidence in administrative litigation.I refer to a large amount of literature and mainly use normative analysis method, case analysis method and comparative research method in this paper. This paper is divided into five chapters. The first chapter is introduction. The current research status of the exclusionary of illegal evidence in administrative litigation is summarized in this chapter to find the shortcomings in the present research. The second chapter discusses the basic principle of the exclusionary rule of illegal evidence in administrative litigation. This chapter summarizes the connotation, the originality and development, the values of the exclusionary rule of illegal evidence inadministrative litigation. I also discuss the relationship among the exclusionary rule of illegal evidence of the three major procedural laws. The third chapter mainly discusses the evolution of the exclusionary rule of illegal evidence in administrative litigation and then analyzes its present situation and problems in the aspect of legislation. The fourth chapter aimed at the shortcomings of the research in the dimension of judicial application and mainly uses case analysis method as the main method. The focus and difficult problems of the exclusionary rule of illegal evidence in administrative litigation in the judicial application are analyzed. This chapter further discusses the problems and the causes in the level of judicial application. The fifth chapter aimed at its difficulties and deficiencies of the exclusionary rule litigation in the legislation and judicial application. This chapter according to the judicial practice and the characteristics of administrative litigation in our country put forward some feasible and practical countermeasures.